This story has been entirely too long in coming. I had it partly written and kept jumping to other projects and coming back to it, but never finished it. This week I took a look at it and realized I was right there and I should hunker down and finish it. So here it is, 8 years later, the sequel. At least it wasn't 36 years like Top Gun. ;-)
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The bailiff stood, with little enthusiasm, and spoke distinctly. "All rise. This court is now in session, the honorable Joanne Hughes presiding."
The judge entered and took her seat, as soon as she sat and set down a sheaf of folders, everyone in the courtroom sat. She waved the bailiff forward who called the first case which happened to be mine. The judge opened the folder and perused the basics of the case. Janice, the woman who once told a justice of the peace that she would love, honor and cherish me until death us do part, was suing me for full permanent custody of our daughter. The entire case was caused by a fit of pique when she found out that I was dating our daughter's former sitter. The blow up and subsequent fights were nasty and unwarranted but she just wouldn't let it go, so it has come down to this.
"Mrs. Kincaid you are requesting full custody and no visitation based on a claim of lewd and indecent behavior by Mr. Thomson. Is that correct?"
"It is your honor. I feel that the environment at his home is no longer suitable for our child." The judge cut her off with a stiff 'thank you' before she could continue.
The judge read a bit more. She looked up at me over reading glasses. "The lewd and lascivious Mr. Thomson. What do you have to say for yourself?"
My attorney Helen cut in before I could give my full measure of this travesty of justice.
"Your honor, my client asserts that this is a ploy to defame him in the eyes of his daughter and the public by Mrs. Kincaid. There is nothing to substantiate these claims. He only began seeing Miss Hamel three years ago at which time she was past the age of consent and considered an adult in the eyes of the law."
"Your honor please note that Miss Hamel is the former caregiver for our child and was not of legal age when they met."
"Yes, Miss Julia Hamel." The judge slipped a sheet out of the folder and placed it on top of the folder. "Twenty-two years of age, no criminal record, holds an advanced child life-saving certification, volunteers in an early childhood education program, and is about to graduate summa cum laude with a bachelor of fine arts degree in the spring. The case worker assigned to interview your daughter Samantha states that she gets very animated when speaking about Miss Hamel describing how she helps her with school work and is teaching her to draw and paint. She reported that, 'daddy and Jules kiss and hug a lot.' That's a direct quote." The judge quirked a smile and looked over at me. "Your daughter Samantha's school reports show improvement over the past year and her teachers have good things to say about her behavior and participation. So somewhere hidden in the bowels of this file I expect I'm going to find a smoking gun. Would you like to speed things up and enlighten me as to what that is Mrs. Kincaid?" The judge's eyes swung from me to the other table where Jan stood.
Jan had decided to represent herself in a fit of egotism, the old adage that a person that is their own lawyer has a fool for a client came to mind. Despite being petty and jealous, I knew she thought she was going to walk away with this win after painting me as a pervert sleeping with a teenager. She didn't expect that it would turn out that my having a full list of evidence to the contrary. She sputtered a response to the judge and turned and looked at Julia in the front row behind me with daggers in her eyes.
"Miss Hamel, I presume?" Judge Hughes said, chin raised.
My attorney and I both turned in time to see Julia's face turn bright pink. She set aside her purse and stood. "Yes your honor." She replied.
"Please, come forward." The request was very casual but the fear in Julia's eyes was palpable. I looked at my attorney and showed my own concern. Helen just gave a little shrug and shook her head as if to say don't worry. I jumped up to open the gate for Julia. I caught Jan's expression out of the corner of my eye and her face was stiff and her eyes rolled upward. Julia stopped between the tables and faced the bench. She wore a dress that was gray with rose and darker gray brush stroked pattern. It looked terrific on her, and brought out the natural blush in her cheeks. Her dark hair was pulled back into a bun. The judge gave her a little wave forward and smiled. "Don't be shy." Julia gave a quick little look over her shoulder at me and stepped forward.
"You have quite a resume begun Ms. Hamel. May I inquire as to your plans after graduation?"
I could just see Jules mouth drop open slightly, she recovered herself quickly. "My original plan was to intern at one of the animation or film studios. Though volunteering with the kids has made me think about getting into teaching. I've completed some classes in early childhood education and I really enjoyed it."
Judge Hughes smiled openly. "Wonderful, but you may wish to rethink the teaching career, it's awful what they get paid these days." She said with a shake of her head.
"So I've heard." Jules replied with a grin.
"You are seemingly at the center of this argument, but I hope that you walk away with the understanding that you are not the point of it. This case is between Mrs. Kincaid and Mr. Thomson and the welfare of their daughter Samantha, which I'm seeing by these reports was never in question. Despite the outcome, it appears you have been a good influence on Samantha as her caregiver, and it shows. Thank you." She added with a smile.
"Thank you." Julia responded softly. I could see the deep blush on her face even from this angle.
"Please, have a seat." The judge nodded with a hint of a smile. She then proceeded to run down the time line of our relationship and pointed out at no time was there any misbehavior on Mr. Thomson or Ms. Hamel's part with regards to care for Samantha Thomson. She inquired of Jan if there was anything not yet in evidence to present towards that end and Jan had nothing.
"Too often I've seen judgments in favor of mothers who were not deserving of them because the fathers were unjustifiably painted as monsters. This isn't going to be one of those cases. I find for the defendant and the prior order of shared custody stands. In the interest of your daughter, and all present, Mrs. Kincaid, I hope you continue to make the transition of Samantha's care as amicable as it has reportedly been. I would consider Ms. Hamel a wonderful role model for my daughter if I were in your situation."
"Thank you, your honor." Jan replied bitterly.
Court ended and Jan put her things away in her briefcase and gave us a cool goodbye. My attorney put her hand on my arm, I supposed to keep me from saying anything sarcastic. I was smarter than that, I wouldn't give Jan the satisfaction of ruining my happiness. I turned and looked at Julia and smiled as I watched her look over her shoulder, her fingers holding her purse so tightly that her knuckles were white.
"She hates me." Julia said softly as she turned back to face me.
"If that's the case it's all on her. You did nothing to instigate it short of proving that I could do better than her." I said with a little smile.
She looked up at me and gave me a little smile in return. My attorney cleared her throat and turned to speak with us after putting her things in her briefcase.
"It's my belief that this may not be over. She took the judge's put-down a little too coolly. As a good measure I would recommend that you start a journal of everything you do for and with Samantha. Any money you spend on her for clothes, gifts et cetera as well as tracking activities. I would keep any receipts as well, they are verifiable information. Pay attention to your own activities as well, no need to give her anything to work with. Don't let her bait you into saying anything that can be used against you later. She may take another tack and go for further financial support."
"Hell hath no fury..." Jules said with a little shake of her head, the sarcasm evident.
"Yes, well after many years of dealing with cases like this I can assure you that woman is very pissed off that her ex-husband has done better for himself after she walked out on him."
"How so?" I asked.
Helen laughed. "It's as plain as the intelligent, caring, and beautiful, young woman sitting right in front of you." She turned to Julia. "You're right and that's the gist of this case, hell hath no fury like a woman scorned. Though I'm no psychologist I think that jealousy may not be the only thing driving her. If she's having trouble with Mr. Kincaid she's seen her way back to her old life cut off by you."
"You think she wants him back?" Julia asked. "She left him for her boss. She was the one who cheated and she got everything. Jay should have been able to keep Sam and Jan should be paying him child support!"
"Yes, and that's why I love Judge Hughes. She's not one to stand on ceremony if the case doesn't warrant it, like this one. If Jan had brought up a change in support she would have been putting her own neck on the chopping block. The last thing she wants is a full financial review considering that she works at Walsh & Kincaid, a prestigious firm with deep pockets."
Julia was quiet on the way home from the courthouse. She just stared out the window and fiddled with her pendant, the only outward sign that she was upset. I reached over and set my hand on her thigh and gave it a gentle squeeze. She took it in hers and returned my grip.
"Should I move out?" Her voice was soft barely audible above the radio.
"No. Why?"
"I'm just worried she's going to make life a living hell for you and Sam because of me." Before I could respond she continued. "I mean I'm aware I've done nothing wrong, and neither have you, but appearances being what they are..."
"You heard the judge. 'I would consider Ms. Hamel a wonderful role model for my daughter if I were in your situation.' She just can't leave it alone because she got burned by leaving me and having Kincaid lose interest in her. I'm betting they held off filing for divorce so she could try and pull this custody caper off." I shrugged. "She's bitter, I get it, but she needs to stop trying to pin the blame on someone else and own up to her own mistakes." I paused. "It doesn't help that you're beautiful, smart, and kind, and that Sam thinks the world revolves around you. It also doesn't help that she sees that I'm happy and it's all because of you." The last part made us both chuckle. "I honestly think she was secretly happy about me being miserable at the beginning like it was some sort of mental power play that she was still controlling me."
"She makes me want to sink to her level. I nearly said something stupid when the judge adjourned the case and moved on."