Tears of a clown: Madonna posts bizarre video of herself after it emerges she is set to 'lose' a custody battle over her son Rocco who'll 'stay in London with Guy Ritchie' 

Madonna and Guy Ritchie are close to agreeing a deal for their son to stay in London after a judge laid into them yesterday for dragging the dispute through the courts.

Son Rocco, 15, currently lives in London and the pair have been fighting for custody since December, culminating with Madonna's lawyer's calling for Mr Ritchie to be arrested this week.

But sources say Madonna is close to agreeing a deal to let Rocco stay in the UK with his father, 47, so long as he returns to the US for regular holidays.

As news of the deal emerged, Madonna posted a bizarre video of herself online with the caption 'tears of a clown'.

Madonna posted this bizarre video of herself next to the caption 'tears of a clown' online today. It is understood her and Guy Ritchie have reached an agreement to let their son, Rocco, stay in London

The 10-second video shows the singer spinning and tap-dancing on a catwalk in a red polka-dot suit and mask.

The deal could finally be an end to the dispute which has been dragged through the courts since December, when the 15-year-old refused to go back to New York to see his mother.

A source close to the couple said: 'It's obvious they can't force Rocco to return and the judge was told he's too old to be forced,' reports The Sun.

'But Madonna wants to make sure she regularly sees him and they spend time together. They are just looking at the final details now like public holidays.' 

Just yesterday, lawyers for Madonna demanded that the star's ex-husband Guy Ritchie be arrested for contempt of court for not abiding terms agreed in their divorce in 2008.

Her legal team made the dramatic demand during a bitter court hearing in New York which both she and Ritchie were listening to by phone.

Madonna's lawyer Eleanor Alter said that Ritchie should have brought Rocco to New York to resolve the dispute, because he was required to according to terms in the legally-binding divorce.

She said: 'He taught his son that obeying court orders was not important and I think that's one of the most serious things that's happened in this case that's detrimental to Rocco.'

Alter said that Ritchie's conduct was 'contempt' and the court went so far as to discuss the possibility that a warrant could be issued for Ritchie's arrest.

She added that the contempt should be enforced but New York Supreme Court Justice Deborah Kaplan refused to issue the warrant for Ritchie's arrest.

Ritchie's lawyer Peter Bronstein angrily rejected the demand from Madonna's team and said that his client had not even been held in contempt so an arrest was not being considered yet.

Justice Kaplan scolded both Ritchie and Madonna and said their son just wanted the case over.

Sources say Madonna is close to agreeing a deal to let Rocco stay in the UK with his father, 47, so long as he returns to the US for regular holidays. Right: Guy Ritchie leave court yesterday

Hearing: The scene in court in Manhattan where (from left) Rocco's lawyer Ellen Sigal, Peter Bornstein (third from right) for Ritchie. and Eleanor Alter (second from right), were in front of Justice Debrah Kaplan

She said: 'Frankly both parties have chosen to live their lives in a very public way and may welcome the publicity, but the child has not.

'He would like this matter resolved and the issues concerning him and his family in the most private way possible'.

Lawyers for both sides grew increasingly ill-tempered as the hearing went on.  

See more of the latest Madonna updates as she fights for custody of her son Rocco 

Alter, for Madonna, said that things she had been told by Mr Bronstein about English law had 'proved to be incorrect' and that some of the 'protections' she'd hoped for had not materialised.

She said that did not have an agreement on 'any part' of the case.

Mr Bronstein said that Ritchie and Madonna had been speaking directly to each other and by yesterday had drawn up an agreement which they had summarized into 24 points.

It broke down because of a number of issues including measures that allowed David Banda, the son Madonna adopted while married to Ritchie, to visit Rocco in London but make sure he returns to New York.

Mr Bronstein said there were still a 'number of differences which are extremely important to my client and, I understand, to the child'.

He went on to say that he had refrained from filing a number of papers which could be 'emotionally disturbing' to Rocco in the hope that an agreement could be reached.

He asked the court to lift Justice Kaplan's order from December requiring that Rocco return to New York but she rebuffed him.

Representative: Guy Ritchie's lawyer Peter Bornstein as he left court in south Manhattan. He had told the court the threat of arrest cast a 'dark pall' over the hearing

Justice Kaplan told him that under the terms of Madonna and Ritchie's divorce, which was agreed in London in 2008, the Manhattan Supreme Court had ultimate authority over any custody matters, not the High Court in London.

Instead Ritchie has been going to the London court for hearings over the row, the court was told. Another one was due to take place in London on Thursday.

Justice Kaplan urged both sides not to take up what she called 'entrenched' positions and think about what was 'best for the child'. 

She said that she thought that both parties were 'coming very very close to a global resolution that would take the child out of the unending spotlight'.

Alter seized on this and said that Ritchie's conduct amounted to contempt. She said: 'He thought it was better for Rocco to live with him. 

'He may be right, I don't know. But the proper procedure was to come back to New York and ask for a change in circumstances. He used self-help.

'He taught his son that obeying court orders was not important and I think that's one of the most serious things that's happened in this case that's detrimental to Rocco.'

Mr Bronstein said that the mere suggestion Ritchie could be arrested cast a 'dark pall' over the hearing and said that the boy should be able to live in a 'normal household' with his father present.

Rocco's lawyer Ellen Sigal said that the teenager wanted his parents to 'put in place measures that will heal the rift that has arisen'.

Preoccupied: Guy, 47, looked deep in thought as he walked side by side with his friend, with both dressed warmly for the winter weather

Deep in thought: Guy Ritchie can be seen outside the London home he shares with Rocco and his family

Changing her tune: Madonna has reportedly changed her strategy over getting custody of son Rocco, 15, before heading to court with ex-husband Guy. Rocco (right) has expressed his wish to stay with his father

She said that the case was proving to be a 'very difficult' time for him and that that she hoped he would not be exposed to any more 'distress and innuendo'.

She said that Rocco felt that the case was 'stressful and upsetting'. He is currently attending school in London and that she hoped Rocco's parents 'come to an agreement that will shield him from this matter'. 

Madonna appeared by phone from New Zealand where she is due to play the next date in her Rebel Heart tour. Ritchie's location was not disclosed but is likely to have been London.

She spoke only at the start of hearing when asked: 'Is that Miss Ciccone?' and she replied: 'Yes, it's me.'

Ritchie only spoke to confirm he was on the phone too.

Earlier Justice Kaplan had agreed to let the press remain in the court because she did not believe that coverage of the case would cause a 'negative impact' to Rocco.

She said that the case had attracted 'extraordinary' media attention and that she had to balance the need for public access with the 'harmful effects' on Rocco.

The judge also allowed a single photographer in to take still photos of the hearing.

The case is to resume on 1 June.

Boys together: Rocco has been living with dad Guy, 47, and Madonna is said to be concerned over his parenting techniques

Jacqui Ainsley, Rocco Ritchie, Guy Ritchie and David Ritchie pictured together at the premiere of 'The Man from U.N.C.L.E.' in New York last summer

The couple were married in Skibo Castle in Scotland in a high profile ceremony attended by Gwyneth Paltrow, Donatella Versace and Stella McCartney.

Madonna is also the mother to 19-year-old daughter Lourdes Leon, from her previous relationship to Carlos Leon, and adopted children David Banda, 10, and Mercy James, also 10 - David was adopted while she was still married to Guy.

Guy, meanwhile, has gone on to have three children with wife Jacqui Ainsley: sons Rafael, four, and Levi, one, and daughter Rivka, three.

Ritchie had been seen walking in London before the case was heard.

He and his superstar singer ex have been embroiled in a bitter legal battle over their teenager for the past few months.

Madonna has used social media to attempt to appeal to her son. 

Two weeks ago she shared a nostalgic snapshot of herself with baby Rocco, reminiscing about happier times.

Along with the snap, she wrote, 'Tu me manque............(sic)', translated as 'I miss you'.

While some of her French fans were quick to point out that she had spelt 'manques' wrong, most of her followers chimed in with messages of love and support, reassuring the star that Rocco would no doubt change his mind.

'Be strong he will come back, he is just a teenager', one posted, while another enthused, 'He will always be your son and you always his mother'.

Rocco is said to have moved in which his father, 47, his model wife Jacqui Ainsley, 34, and their three children after becoming fed up with being on tour with his mother.

He was supposed to spend Christmas with her but did not return home to New York.

Madonna went to the Manhattan Supreme Court in December to try to force Rocco to come home.

But during the hearing Ritchie's lawyer Eric Buckley said that Rocco had 'expressed very clearly' that he did not want to be with her.

One possible source of Rocco's frustration is that Madonna posted numerous pictures and videos of him on Instagram that could have caused him embarrassment.

In May she posted one video of him doing a backflip wearing orange underwear with the caption 'Rocco's preferred profile #nosausage'.

In an interview in August Madonna said that Rocco did not want to perform on stage with her and would be working backstage on her tour as 'your mom is not cool' at his age.

The row has reopened old wounds from her and Guy's divorce after eight years together and put Madonna at the center of a painful and public battle.

Madonna reportedly thinks Guy's parenting is too lax and is said to have hired private detectives to spy on Rocco, who took pictures of him smoking underage. 

Memories: Madonna revealed her heartbreak over the ongoing family rift, as she shared a nostalgic snapshot of herself with baby Rocco

Continued display of affection: Madonna has been sharing plenty of pictures of her teenage son on Instagram over the weeks, with this one accompanied with the words - 'I miss this boy so full of life so full of love!'

One possible source of Rocco's frustration is that Madonna has posted numerous pictures and videos of him on Instagram that could have caused him embarrassment