Ch. 14 Restraint
CH 14
Tensions built over the next day. Phillip and Gareth were still sussing each other out, but didn't want their newfound closeness to be apparent to the children. Tea time devolved into kissing and touching due to pent up feelings over the course of the evening, discussion and consuming tea taking a back seat to their newfound hobby.
When they came up for air, the two were snuggled on the couch, Phillip nominally sitting up and Gareth lounging against him, head on his chest, Phillip's arm wound around him. It was a new feeling for them, one they both relished but were still so very careful of. Neither man was particularly experienced, and as much as they wanted to move things...lower, farther, deeper, they still wanted to take time to feel confident in their feelings for one another. A quick trip to bed wouldn't work in their situation, they had to be able to share a house without regrets and not disrupt the stability the children finally felt.
Gareth shifted slightly so he could meet the other's gaze. "Phillip, are you still okay to take the kids for awhile after school tomorrow? I have the meeting with the lawyer."
"Of course. McDonald's again, I think."
"Brave man." Gareth gave Phillip a wry smile.
"Not at all. Your children are lovely."
"Yeah, that's why last time you had them for the evening you passed out on the couch by nine o'clock."
"It was closer to nine-thirty, I think, and besides I'm liking this couch right now," Phillip stated, hugging Gareth just a bit closer.
"Me too," and he leaned up, bringing his lips to Phillip's, stubble tickling his face in a most delicious way.
After a few more minutes of tender caresses and probing tongues, the men broke apart with a frustrated groan knowing they had responsibilities in the morning that would not wait. Both worked side by side in the kitchen to clear away their tea dishes and kissed close and needy again before going their separate ways for another evening alone where they handled their own frustrations.
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The law firm was right downtown in a series of mid-century low-rise brick office buildings that all looked pretty similar. Gareth was lucky enough to maneuver Phillip's large sedan into an on-street parking spot with a working meter right out front of the correct building and a cache of quarters in the cupholder that assured he wouldn't get towed. He was so nervous that getting the coins in the slot was a fine motor skill test that he wasn't sure he would pass, but eventually managed to slip enough change in the metal maw that he was paid in full for two hours. Although this was just an initial meeting to get advice, Gareth was pretty sure the advice would be to retain counsel and fast.
The doors swooshed closed with a finality that encouraged Gareth to move to the bank of elevators quickly, checking to ensure that he was, in fact, in the correct spot. When he reached the fifth floor, Gareth stepped out to find Bill, Abby's fiance, waiting for him.
"Hi Gareth, nice to see you again, although I'm sorry it couldn't be under better circumstances." Bill shook his hand with the firm grip of a professional and led Gareth past the dark wooden reception desk adorned with the golden lettering reading Attorneys at Law, Anderson, Gates and Barnsley, of which Bill was the Anderson in question. Gareth was meeting with Barnsley. "I promise you, Andrea is fantastic at what she does, and Abby is thrilled that we could do something to help. She's been so worried about you over the past few years."
"I can't thank you enough for setting this up for me, lord knows Abby's been a great support."
The two stopped at the door to a meeting room where Bill introduced a fairly nondescript woman in a well tailored suit as one of his partners. "I'd like you to meet Gareth, Andrea. He works with Abby and is in quite a jam with his ex."
Pleasantries were exchanged, then they were down to business almost immediately. Gareth told Andrea the condensed version of how he came to have three children, two biological and one adopted, with a woman he wasn't in a romantic relationship with, and how they had gone about their lives for the past seven years. He showed her the pictures of his bruises, told her about Kyle, and how his children and himself ended up homeless on that cold Friday evening. "....and she didn't even call for her son's birthday, instead, she called F and CS on me and tried to destroy me," Gareth finished.
Andrea had taken notes and asked clarifying questions throughout the relaying of events, then a few more inquiries of her own.
"So F & CS found nothing out of order in the house?"
"Nothing. Pete interviewed the children, myself, and Phillip, the homeowner." Mentioning Phillip was one thing that brought worry to Gareth. It was something Andrea picked up on immediately.
"Are you in a relationship?" she probed.
"Ahh, yes, I suppose."
"You suppose?"
"It's relatively new."
"How long has this been going on, and with who?"
"Two days, and with Phillip. Is that a problem?" Andrea didn't even flinch when Gareth admitted a same sex relationship with his landlord.
"I shouldn't think so." She shrugged and continued, "This is the twenty-first century and the courts are happy to award custody to the more stable parent, regardless of sexual preference. And she doesn't sound too stable, financially or emotionally. In fact, this could play in your favour, since Phillip has already been investigated due to his proximity to the children."
Gareth felt an inkling of relief. "What do you suggest I do?"
"Due to the violent nature to which she's treated you and since she's threatened your employment, I urge you to obtain a restraining order. Because you maintained the same household for so long, you need to file for divorce from a common-law partnership, which should be granted without issue. And lastly, you need to file for full custody of the children."
Her advice made sense, but Gareth really wanted assurances. "Do you think I can get full custody?"
"Given her treatment of the younger children, as established in the F & CS report, you should be granted them with little difficulty. Your oldest daughter, however, might be an issue. Leeann is the biological parent, while you are not, and there have been no allegations, nor evidence, of abuse towards Daisy. Joint custody of her is probably a more likely result."
Gareth began feel ill as he and Daisy's fears were realized. "She won't want to go. Daisy's already told me that she'll refuse. Won't the court take her preference into account?"
"Possibly, but because she's only ten, it won't carry as much weight as someone older. Generally kids don't have much choice until they're over thirteen."
"I can't lose her, she's mine too. I promised her." Distress was clearly written across his face.
Andrea offered Gareth a sympathetic smile. "Would you like to retain my services? I am willing to work pro bono because you are a close friend of Bill's."
Gareth was in shock and slowly nodded. It took him a second to realize just what she was offering. "You can't be serious...you want to do this for free?" Honestly, it was only the third time he'd ever met Bill, so this had to be Abby's doing but he was completely amazed and touched by the offer. Otherwise there would be no way he'd be able to afford such good legal counsel. And he was more than certain that Leeann could not.
Andrea nodded, so Gareth signed the proper documents to get the legal ball rolling. She gathered them together and put them into her briefcase. "Once you leave here, you need to go straight to the police station to get a restraining order. It should prevent her from showing up at your house or work, and will also help stop any malicious phone calls to your school. This will also provide more of a paper train if she calls F & CS again." She looked at his shocked face. "Do you need me to come with you to the police station?"
"No, I can do it. I should have done it ages ago."
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Phillip was prepared for this visit. He got a table far from the play area but within line of sight and settled in with a book. They got there early and he allowed the kids to play for a little while before ordering food so that by the time they were eating, they were already tired out and very hungry. All and all, he felt like a proper sitter this time, or at least somewhat more competent. He helped the smaller two with their toys, remembered to order apple slices with their meals so they didn't just eat junk, and took three relatively tired kids out to the minivan.
"Will Daddy be back when we get home?" Franny asked from the backseat. She'd gotten a permission form for a school trip and was all in a flap about it. Phillip felt badly that he couldn't sign it, mostly just so he wouldn't have to hear about it anymore. Children could have a one-track mind sometimes and seemed more persistent than the most nagging parent.
"I'm not sure, Fran. Sometimes these things take a while." And Phillip didn't really know, either, having never gone to a lawyer except to settle his mother's estate. Not that he really remembered that time. He'd tried checking his phone a few times to see how Gareth was faring, but there wasn't an update and he didn't feel comfortable messaging and possibly interrupting something important just to put his mind at ease. He also didn't want to look like a clingy whatever he was...babysitter, landlord, friend, something else? It was all just far too confusing and really far too teen angsty to consider.
She huffed her displeasure from behind him, and Phillip sighed. "I'll make sure he sees it tonight if he's too late for bedtime." Franny one, Phillip zero.
"What's Daddy doing again?" Gabe questioned.
"He's making sure he can keep us, silly," Daisy informed him. "He doesn't pay Mommy anymore so she's being mean."
Phillip wasn't sure this was the direction the conversation should be going, so he tried to take a page from Gareth's book and answer honestly, but selectively. "Your father is meeting with a lawyer to determine his legal options." It seemed like a good answer, and he delivered it with enough of an authoritative tone that the children were satisfied, at least for now. The next answer he'd give would be 'ask your dad,' and that was that.
His heart fell, and he was sure the children's did too, when Phillip pulled in the driveway to find his sedan still absent. It wasn't that he didn't want to be responsible for bedtime, but it was still kind of awkward for him, to be getting the kids into their pyjamas. Well, they put themselves in pyjamas, but you get the idea.
After the children were asleep, Phillip sat on the couch, phone in one hand, remote in the other, idly flipping channels. Concentrating on his novel was impossible and it lay with it's bookmark neatly tucked in on the otherwise empty table. No piles of grading, no tea. He knew that there was no way Gareth was still with the lawyer. It was well past nine o'clock and decidedly into tea time. When does clingy just become overly concerned? After four hours of no news? Phillip wasn't sure, but he also knew he really hated not knowing. He decided to make tea anyway and hope for the best, but only filled one mug. Instead he left Gareth's next to the pot, allowing the tea to steep a bit further. Then he fixed a sandwich for Gareth in case he was hungry. It wouldn't go to waste if he didn't want it, Phillip could always have it for lunch tomorrow. Besides, his stomach was so upset with worry now, there was no way he could eat.
Finally, when it was close to ten, Phillip rose to refresh the tea as headlights shone against the curtain, a sign that Gareth was, in fact, home. Although Phillip was relieved, he was also a bit put out about the lack of a phone call and how much the whole situation bothered him. Caring for people was confusing and difficult. Rather than cause a scene, Phillip decided to refill his own cup so the two men could still take part together and maybe he could find out how the meeting went.
Gareth entered the house quietly, cognizant of the sleeping kids, and looking haggard after the events of the day. The very first thing he did after placing his bag on the floor was apologize to Phillip, alleviating much of the waiting man's concerns.
"I am so sorry. The meeting with the lawyer went well, but she advised me to get a restraining order so I spent three hours at the police station doing paperwork. The pictures on my phone were used as evidence, so I had the officers flipping through them to get dates and document things for so long that it killed the battery..." Gareth was going on so much it nearly made Phillip's head burst. It was obvious that Gareth was thoroughly exhausted and extremely worked up.
"It's okay, Gareth. Here's your tea and go take a load off. I'll plug in your phone to charge. Go sit." Phillip handed him a warm cup and a plate with the sandwich on it.
"I didn't get to eat yet." Gareth looked like he might be in tears just from the simple gesture. "Thank you, Phillip. This was really thoughtful," he managed to say. Coming home late to Leeann had always been such a trial, it was like Gareth was prepared for the worst. Finding kindness and no angry words instead, was a huge relief and a welcome change.
Phillip puttered around in the kitchen for a few minutes, just so Gareth could have a bit of quiet to collect himself. Once he tidied, he joined Gareth on the couch. The sandwich was already devoured, so Phillip placed a few chocolate chip cookies before Gareth. The hungry father made short work of those, too.
"So, what's happening, then?"
'Well, there's a few things. Uh, I filed for divorce, because apparently we were considered in a common-law marriage, I've filed for full custody, and I got a restraining order so that Leeann can't come here or to my school."
"Those things all sound good." Phillip nodded with a pleased look.
"Yes, and the lawyer is taking the case for free, so there's that, but she thinks custody might be an issue."
"Is it because of me?" His unease evident.
Gareth quickly set about to reassure the man he cared for. "No, definitely not. I made her well aware of our relationship and she said it's totally fine, especially since you already did an F and C S interview and they deemed you fine."
Phillip was pleased that Gareth considered them in a relationship, because well, Phillip just wasn't too sure where they stood. But relationship sounded good, better than good, fantastic, maybe? But scary. "So wherein lies the problem?"
"Daisy. She thinks that there is a strong case for me to have full custody of Franny and Gabe, but biologically Daisy's not mine and there isn't evidence of any abusive treatment towards her. She thinks shared custody is a more likely outcome than anything else."
Phillip's heart sunk at that prospect. He knew Daisy wouldn't want to be with her mother, and as much as Phillip tried not to play favourites, he and Daisy were kindred spirits.
"What do we do?" Phillip asked, his voice heavy with concern, which Gareth found quite warming, knowing that the reticent gardener wanted to be there for him, that they would weather this storm together.
"Try to keep the kids as protected and happy as possible, I guess. Most of this won't even affect them really." Then Gareth's greenish-brown eyes met Phillip's deep brown pools, and he gave him the most loving smile ever, "And maybe you could kiss me?"
Phillip nodded and moved his hands from his lap to Gareth's lightly stubbled face, pulling him in for a soft kiss, brushing his lips ever so gently across the man's lips. A quiet moan escaped from Gareth's throat as he wrapped his arms around Phillip and made sure to show the gardener just how much he appreciated him, grasping at his muscled back. Both men wanted more, but after such a completely exhausting day, it wasn't the time. They wanted to get carried away, but after a few deeper kisses and some touches to areas that weren't entirely safe, they split apart for their separate beds, again. Each fell into a frustrated sleep longing to be together and not sure how much longer they could deny their lust for each other.
A/N: Well, Gareth's finally lawyered up, and taking steps to protect them from Leeann. Not the most exciting chapter, but things are moving along. Gareth and Phillip are slowly moving forward, and I like seeing Phillip thrust into these parenting-type situations. :)
I hope everyone is enjoying their week. We've finally gotten a break from the heat and can complain about the cold until May. :) Next update will be Friday. Thanks for reading, commenting, and voting!
<3 JJ
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