*These next two chapters are dedicated to Ballface ;D Also, please note I am NOT a lawyer so all these legal mumbo jumbo is stuff I've heard off of Law and Order so it is probably not realistic AT ALL
*
Chapter 3: The TrialRating: PG
“Mr. Winthrop, as I said before I do not wish to rehash the reasons why you and your wife originally got full custody of your daughter, Jane.” Judge Reilly stated “The reason this trial has come before the court today is to discuss the new issues at hand concerning the stability in the life of Ms. Lopez-Fitzgerald and whether or not this has an effect on the ruling that was set at the original trial.”
“But those original reasons as to why my wife and I got custody still have bearing on the case today, Your Honour” Ethan fought.
“Sit down, Mr. Winthrop. I will not tell you again to only bring up new facts and if you keep bringing up past issues I will have them stricken from the record. I suggest if you’d like to make any progress today that you stick with current issues that pertain to this trial and leave what was discussed at the original trial alone.”
Ethan sat down, feeling slightly defeated. He looked over and watched as Fox whispered in Theresa’s ear and a small smile began across her face. It wasn’t a gloating smile like some might see it as, but he didn’t. He knew that her smile was just out of joy; joy that her daughter would likely become a bigger part of her life after this trial. He saw Judge Reilly look down at the files before him and look over to opposing counsel.
“Ms. Lopez-Fitzgerald based on these files brought to me by yourself and your fiancé Mr. Fox Crane I must say I am very pleased with your behavior after losing custody of your daughter.” The judge stated “What do you yourself have to say about that experience?”
Theresa stood up and looked the around the courtroom. She looked from the Judge, to Gwen to Ethan and finally back down to Fox who was holding her hand tightly and reassuringly. Ethan felt his own hand there, holding hers, giving her the strength he knew she needed.
“Your Honour, losing custody of Jane was devastating to say the least” Theresa said quietly “It was not the first time I had lost custody of one of my children as you already know, but I have to say it was the most difficult. When I lost my son I went to drastic measures to get him back, and that is how my daughter came into this world. I love her with all of my heart, but despite that love I know the lengths I went to for my son were radical and irresponsible.” Theresa stopped to compose herself. Ethan knew how hard it must have been to her to admit her faults; it would be hard on anyone. “This time around, I like to think I chose a wiser path. Now all I want is after months of separation from my daughter, after both her kidnapping and losing custody of her, to finally get to be a more major part of her life.” Theresa sat down beside Fox again and watched as the judge nodded. The judge then turned his attention to Ethan.
“Mr. Winthrop, do you think this is an unreasonable request?”
“I would not say it is unreasonable,” Ethan stated “But I don’t see how our current custody agreement doesn’t suit her needs.” He looked over at Theresa who was staring at him, slightly wounded by his last comment. “She is a part of Jane’s life and I don’t think disrupting the routine my wife and I have with her right now is for her best interest.”
Ethan sat back down, expecting the judge to speak but instead he heard a softer voice, filled with hope and a slight hint of betrayal that he figured only he would pick up on.
“I have more then proven that I am able to care for our daughter Ethan.” Theresa said “It is my belief that once I have married Fox I think that the home she would share with the two of us and her half-brother at the mansion would be better then living in a B&B. Wouldn’t you agree?”
Ethan paused. The B&B; he never even thought about that, never imagined how it would effect the judge’s decision. Maybe Jude Reilly would just breeze over it and not realize her comment. No such luck.
“You live in a B&B Mister Winthrop?” he said, peering over his glasses.
“Yes, we moved there after Theresa moved into the Crane Mansion.” Ethan said, trying to justify their living situation to the best of his ability. “We thought given our past history it would be best for Jane and our family if we got away from Theresa. “
“So your current residence is at a Bed and Breakfast?” the Judge asked, scribbling on a piece of paper in front of him.
“Yes.” Ethan said, glancing at Gwen who looked increasingly worried and then looking back at the Judge who was still writing something down.
“And you think that is a stable environment for a child?” he asked.
“I believe so, yes. I understand it’s not as glamorous as the Crane Mansion but I think the home we have made there is perfectly suitable.” Ethan said.
Theresa watched him as he answered all the Judge’s questions with the same calmness that that he always radiated. He spoke with such eloquence even under the highest-pressure circumstances, a skill of his that had never seemed to rub off onto her. She knew that his and Gwen’s living arrangement was not ideal, and she knew that the judge would see that. But was it enough to get her daughter back?
Theresa stared at Judge Reilly as he went over files on his desk with careful precision. She felt Fox’s hand stroking hers and looked deeply into his eyes.
“I know he will do the right thing” Fox whispered in her ear, “You deserve a chance to be the amazing mother to Jane that I know you can be.”
Theresa smiled at Fox and squeezed his hand tighter. She saw the Judge look up and she knew that it was time. Her life would either be complete or ruined based on his ruling. She gave a quick glance over to Ethan and Gwen who she could tell were hoping for the ruling to be in their favor just as hard as she was hoping it would be in hers.
Ethan was staring at Judge Reilly, trying to read what his decision was on his face but he couldn’t seem to. He looked back to Gwen and gripped her hand tightly, and seeing Theresa out of the corner of his eye felt a slight twinge in his heart. Judge Reilly began.
“Given what I have seen and heard here today, I have made my ruling.” He said, placing all the files in front of him down and staring at both Ethan and Theresa.
And with those words, a silence hung in the air as everyone’s chest tightened waiting for his decision.