Chapter 35 - Court
Court
Abby sat with Olivia on the hard wooden bench in the hall outside courtroom two as they waited for their lawyer, Magda. Worried about parking and being there on time, Abby had made sure they were there early. Watching Olivia’s leg tap up and down, she wondered if she should have timed it better.
She stared at a seam in the carpet where two pieces didn’t quite meet. It bothered her more than it should have. How effective could this court be if they couldn’t even get carpet tiles laid properly?
“Abby,” Olivia said.
“Yeah, sweetie?”
“Look.” Olivia pointed to her right.
Abby glanced over and her lips parted. Marching toward her like an avenging army was almost every woman she knew. Along with Tinker and an older man she’d never met.
She and Olivia stood as they drew near. Abby hugged her mom first, then Lindsey, Naomi, Angie, Dani, and Katherine.
Even Paige gave her a quick hug. Tinker leaned down and gave her a quick kiss before wrapping his arm around her waist. He looked a lot better than he had a few days ago.
The lines around his eyes weren’t so intense, and the furrow between his brows had relaxed.
Was he less worried now or pretending for her sake?
Abby asked, “What are you guys doing here?”
“You didn’t think we’d let you do this alone, did you?” Naomi asked.
“Don’t you have class? And work?” Abby asked.
“We took PTO,” Lindsey said.
“And this is our work for the day.” Paige gestured to the older man. “Abby, this is Stuart Bakas. He’s the lawyer who handled Tinker’s expungement. He’s here for support and to answer any questions if issues come up.”
Abby blinked several times. If she started tearing up now, she wouldn’t stop crying. At the moment, her emotions were being held together with dental floss and chewing gum. Her hold was fragile at best.
“Thank you, everyone. It means more than you can imagine.”
Her mom pulled Olivia close. “We’re going to fight for our girl.”
Looking for something to distract her, Abby told Tinker, “You look nice.”
He smirked and ran a hand down the forest green tie.
“Don’t let the suit fool you,” Dani said. “There’s a grease spot on his ass.”
Tinker twisted. “Shit. Seriously?”
Angie and Dani laughed. Tinker glared, which made Olivia break out into giggles.
“Abby? Olivia?”
The group parted to reveal Magda.
“Hi, Magda,” Abby said. “This is—”
“We’re her family,” Angie said.
Dani rolled her eyes. “You have got to stop adopting strays.”
Tinker glanced down at Abby with a soft look. “I’m pretty sure we’re the strays in this situation.”
There was that prickle again. “These are my friends and family.”
“It’s wonderful that you’re all here,” Magda said. “Stuart, it’s lovely to see you again. Thank you for the information you sent over.”
The two lawyers shook hands. “Maggie. Glad to be of service.”
“You know each other?” Sue asked.
“Oh, yes,” Magda said. “You can’t swing a cat in this neighborhood without hitting someone you’ve worked with or against.”
“Why would you swing a cat?” Olivia’s expression was almost comical in its disgust.
“It’s an expression, dear.” Abby’s mom squeezed Olivia’s shoulder before rubbing it.
Olivia wrinkled her nose. “Eww.”
Magda chuckled and glanced at her watch. “Our case should be called in a few minutes. Shall we go in?”
A lead weight settled in Abby’s stomach. “If I wanted to take Olivia and run, would you come with us?” she asked Tinker in a low voice.
He kissed the top of her head. “In a heartbeat.”
“Okay. Good.”
“Hey. You’ve got this,” he whispered. “And we’ve got you.”
Abby smiled. “Thank you. Just in case, can you wait out front with the engine running so we can make a fast getaway?”
He grinned and kissed the top of her head.
She was only half joking.
The courtroom was smaller than she’d expected—only five rows of seats behind the two tables facing the judge’s bench.
She, Olivia, and her mom sat in the front row with Magda on the left side of the room.
Olivia’s guardian ad litem sat on the right side of the room, along with a few other people.
A man in a dark blue suit seemed agitated as he talked on his phone.
“Do you see your aunt?” Abby whispered.
Olivia shook her head.
Abby leaned toward Magda. “What happens if her aunt doesn’t show?”
“If she doesn’t have a good reason, she may lose any claim to custody,” Magda said.
“Really?”
Magda nodded.
“Fingers crossed,” Abby said.
“What’s Angie doing?” Olivia whispered.
Abby looked behind them and saw Angie had pulled out a laptop and was typing furiously. “She might have work to do.”
A bailiff and two other women entered and strode down the aisle to the front of the court.
One woman sat at a small table to the left of the bench, and the other went to the small table parallel to the other wall.
The bailiff knocked on a door behind the small table.
It opened and she spoke briefly to the person inside.
Stepping to the front of the bench she called, “All rise. The Honorable Eleanore Atwal presiding.”
Everyone stood and waited for the judge to enter and take her seat. “Be seated. Please call the first case.”
The woman at the long table stood with a large manila folder in her hand and approached the bench. “Case 25FA2716, Edith Holder vs Abigail Day—child custody case.”
Magda patted Abby’s knee. “That’s us.”
Abby stood and smoothed down her skirt. She ran a hand over Olivia’s hair and smiled, then followed Magda to a table facing the judge. The man who’d been talking on the phone walked to the other table.
“Good morning, everyone. Counsel, please state your appearance for the record.”
“Good morning, Your Honor. Magda Barber, counsel for the petitioner, Abigail Day and Olivia Holder.”
“Ronald Fritz for the defendant, Edith Holder, Your Honor,” the man at the other table said.
The judge looked up. “One of the petitioners and the defendant have the same last name? Explain that to me.”
“My client is the child’s aunt, Your Honor,” Ronald said.
“Half-aunt, your honor. The child’s mother and the defendant were only half-sisters,” Magda said.
“Where is your client, Mr. Fritz?”
Ronald’s face became pinched. “She is unable to attend today, Your Honor.”
Judge Atwal leaned back in her chair. “Was your client aware they needed to be here in person?”
“Yes, Your Honor.”
“Did you request dispensation?” Judge Atwal asked.
Abby licked her lips and her breathing became shallow. The judge’s tone was not friendly. Was this…was this going to end today because Olivia’s aunt didn’t show?
“Are you asking for a continuance?”
The muscle in Ronald’s jaw jumped and Abby could almost hear his teeth grinding. “No, Your Honor.”
“Then why exactly are we here?” the judge asked.
“Your Honor, my client wishes to withdraw her claim of custody for the child,” Ronald gritted out.
Abby grabbed the arm of her chair and several gasps sounded behind her. She turned and looked at her mom and Olivia, sitting directly behind her. Their shocked expressions must have mirrored her own.
“Your Honor, given that Ms. Holder has failed to show and has withdrawn her counter petition, we ask the court to grant full custody to Ms. Day,” Magda said.
“Just a moment, Ms. Barber—I have a few more questions for Mr. Fritz.” Judge Atwel turned her attention back to the other lawyer. “Mr. Fritz, when did you become aware that your client wished to withdraw her petition?”
Fritz tapped the table with his fingers. “Only ten minutes ago, Your Honor.”
The judge raised her eyebrows. “Is your client aware that by failing to appear and withdrawing her petition, she cannot revisit this issue in the future and abandons all claims of custody of the child?”
“I have made her aware, Your Honor.”
Judge Atwel shrugged and leaned forward. “All right. Let the record show the defendant, Edith Holder, has withdrawn her petition for custody. Her petition is dismissed by the court.”
She jotted a note and looked up. “You’re free to go, Mr. Fritz.”
He nodded, picked up his briefcase, and left the courtroom without looking back.
“Now what?” Abby whispered.
“Now, Ms. Day, I hear your petition for custody,” Judge Atwel said.
Heat bloomed across her cheeks. “Sorry, Your Honor.”
“Completely understandable.” The judge leaned her arms on her desk. “Can you please explain your relationship with the child?”
Abby stood and told their story. Haltingly at first, trying to put everything into context. It was a strange situation, and she needed to make sure the judge understood.
“And that’s why we’re here today,” Abby finished.
“That is…one of the most unusual situations I’ve ever heard in my court,” Judge Atwel said.
“Yes, Your Honor.”
“Does the child, Olivia, have a guardian ad litem?”
“I’m here, Your Honor,” a voice said behind them.
Judge Atwel nodded. “Good to see you again.”
“You too, Your Honor.”
“Is Olivia here?” Judge Atwel asked.
Abby glanced behind her at Olivia, who stood. “Yes, Your Honor.”
“All right. Here’s what I’m going to do. I’m going to speak with Olivia in my chambers. Then I’m going to speak with her guardian ad litem, and I will render my decision afterward.” She stepped down from her bench and gestured for Olivia to follow her.
Olivia looked at Abby and Abby nodded encouragingly.
The chamber doors shut behind Olivia and the judge with a sharp click.
A sense of dread, of finality, washed through Abby.
She couldn’t sit. There was too much nervous energy.
She paced back and forth, watching the door nervously.
Fifteen minutes later, it opened a crack and the bailiff stepped toward it, leaned in, then called for the guardian ad litem to go into chambers.
Olivia didn’t come out.
Oh, god. They’d whisked her out another door. They’d already decided Abby wasn’t fit to be Olivia’s guardian. They were going to take her away and she’d never see her again.
“Hey.” Tinker wrapped his arms around her.
So focused on the door, she’d completely blocked out everyone else. Tucking her face into the pocket of his shoulder, she wrapped his arms around his waist. “She’s going to say no.”
“She’s not. It’s not a bad thing that the judge is talking to Olivia and her ad litem. It means she’s listening to what they’re saying and factoring it into her decision,” he assured her.
Katherine joined them. “He’s right. Judge Atwel is one of the fairest judges in the family court. You honestly couldn’t have gotten assigned a better judge.”
Abby nodded. A little worry and fear dissipated, but she wouldn’t feel good until Olivia was back in the courtroom.
As if her thoughts had manifested, the door opened, and Olivia exited followed by her ad litem and the judge. Tinker kissed the top of Abby’s head, and he and Katherine returned to their seats. Abby remained standing. Olivia, beaming, bounced to a stop next to Abby.
Finally…finally, a glimmer of hope shot through Abby.
Judge Atwel took her seat. “All right. Ms. Day, under normal circumstances Olivia would need to be in your physical custody for at least six months to make that custody permanent.”
There went that glimmer.
“However, after speaking with Olivia and her guardian ad litem, and given the unusual circumstances of this case, let the record reflect that full custody of the minor, Olivia Holder, is given to Abigail Day.” She banged her gavel.
Abby struggled for words. “That’s— That’s it?”
Judge Atwel gave her an amused look. “Do you want more? I’m sure we can schedule more hearings, but that would be a waste of time and money.”
“No! No, I just wasn’t expecting a decision today. Thank you. Thank you so much.”
Abby hugged Olivia tightly. Everyone joined them, hugging and laughing.
Judge Atwel banged her gavel several times. “Okay, folks. I know this is a happy occasion, but please go be happy out in the hall—I have other cases to hear.”
“Yes, Your Honor. Thank you,” Magda said. She ushered and shooed them out of the courtroom.
Abby glanced back before leaving to see both the judge and the clerk grab tissues.