CH 27

As much as Phillip's legal troubles seemed to resolve fairly easily, Gareth's were not as straightforward. The day Bill and Abby stopped by to have Phillip sign his settlement, there was also some upsetting news from Andrea. As much as she was good at family law, it seemed Leeann was really pushing to gain custody and the date for their mediated hearing was looming large. Gareth had the meeting at the family centre in the courthouse the very next day.

"I'm so sorry, Gareth, she's doing her best, but there's only so much that can be done. Most of it will fall to the justice to decide," Bill explained as he sipped the coffee Phillip made for them while they sat at the kitchen table.

"Well, we can still hope, can't we," Abby offered in support. "After all, Leeann is a complete c--"

"Hi, Abby! Hi Bill!" Franny popped into the kitchen, effectively silencing the adult talk for a minute or two.

"Hey, Franny! What are you guys up to?" Abby asked, giving the little girl a hug.

"We're putting rocks in the cracks, wanna see?"

"Uh, sure." Abby gave a puzzled look while allowing Franny to drag her out to the back patio, where the Lewis children were, in fact, putting more gravel between the cracks of the pieces slate.

The men remained in the kitchen and Bill handed over a large envelope to Phillip. "It's all there..." Bill began, as Phillip pulled papers out. "There's a card for your account at the store, credited with five thousand dollars, the bank draft for thirty thousand from his financial institution, the letter of apology--signed by Brian--and a bunch of legal documents you need to sign. I also got the trespass notice lifted, so you can actually enter the store." Bill chuckled at the last part.

Phillip and Gareth read everything over, including the rather insincere letter of apology from Brian, basically saying he was sorry he got in trouble for everything, not that he had said or done anything wrong. Phillip wasn't completely thrilled by the apology, but at least got the money, too. Then Bill pointed out all the places where Phillip needed to sign.

The paperwork took about twenty minutes or so, and by the end, Phillip was far better off financially.

"Now I just have to do your garden and determine how to get a living wall going. I'm quite excited by the opportunity. Is it okay that I won't get to it until November or December?" Phillip asked.

"That's completely fine, Phillip." Bill patted the man on the back, and Phillip tried not to flinch. "Abby and I have dinner reservations and need to get going, but I'm sure we'll see you again, soon."

"Thank you so much for everything, Bill!" Gareth said, with more enthusiasm than he felt. He was still thinking about what Bill had said about his case in the morning, and he had an ominous feeling.

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Andrea was dressed for battle in a powersuit and blood red nails that made Gareth cringe,  reminding him too much of Leeann, who he was going to face in just an hour. Last time he saw her Phillip had to step up and defend Gareth because she just made him feel so small and defeated. He really hoped that today, when fighting to keep his kids, all his kids, that he'd be up to the challenge. Andrea met Gareth in her law office, just down the street from the historic stone courthouse where they would be having their day in court, so they say. It was one of those buildings that had been around for over a hundred years with fancy stone pillars and impressive brickwork; built to last. Located just next door to it was the even larger, more imposing, modern courthouse, where all the trials take place. The older building had been repurposed into meeting rooms and offices, once the new state of the art building had been constructed.

"So how does mediation work exactly?" Gareth asked. He knew Andrea had explained it before, but he wanted to make sure he was fully prepared.

"Well, the mediator will have all the paperwork filed on behalf of both parties and has reviewed it already. In our case, they have your petition for divorce, the police report and restraining order, financial statements, and the report from Family and Children Services where they found nothing untoward. Leeann's lawyer will have the same copies. As for the paperwork filed in her defense, we haven't really received anything except for her financial statements, her uncontested agreement to the divorce, and a letter from her minister about the moral implications with raising children in a same-sex household."

"But--"

She put her hand up to interrupt. "No, Gareth, it's okay. Again, the law doesn't care about your sexuality, it's more about the safety of the children. And, as I explained before, she doesn't really have a chance at getting custody of Franny or Gabe. Daisy will be the biggest issue," Andrea said, although it wasn't very reassuring. "When we go before the mediator, you will both be able to talk to them or to me, but not to each other. While in the presence of court representatives, the restraining order is null, however Leeann will not be able to address you or she could face sanctions. Whatever is agreed upon is legally binding, both custody and support, unless further petitions are filed."

It hardly sounded simple, but Gareth nodded and the two walked the short distance to the hearing, Gareth feeling dread with every step.

Gareth tried to swallow the lump in his throat a few more times before taking a seat in the mediation room. There was no large desk with a gavel or court reporters or anything like that, just a heavy dark wooden table that had more than a few water stains, two large multi-paned windows, and five hefty creaking old chairs that screeched along the old-fashioned marble flooring. Gareth and Andrea sat on one side of the table, Leeann and her counsel on the other.

After a few minutes of glaring, the court-appointed mediator entered and sat at the head of the table, looking tired and annoyed. Gareth supposed a job where all you did was listen to people battle over broken relationships to be very wearing so he could feel some sympathy for the middle aged women presiding over their case.

The whole situation was surreal, like playing adult. Gareth was wearing one of his work suits and was kind of uncomfortably warm, both lawyers were in full business attire, the justice in a pantsuit, and Leeann was wearing an outfit Gareth had never seen before. She was trying to look responsible, he supposed, but the housefrau dress and flats were in stark contrast to her over-dyed hair and make-up. The overall effect was like one of those movies where a teen is sneaking out of their house to party, so they have frumpy pjs over some sort of awesome outfit and they hope their parents don't notice.

"Good morning, I am Justice Franz and I will be presiding over this mediation today regarding the care and welfare of," she paused to look over her file folder, "Daisy Markham-Lewis, Gabriel Lewis, and Frances Lewis." She reviewed the folder again, then faced Leeann. "Ms Markham, I have to say, after reviewing the documents presented by both your counsel and Mr. Lewis', your petition for full custody of the children is not possible."

Even though Gareth knew this was expected, he felt like he could breathe a little easier. So far, so good, although if looks could kill, Leeann would have slayed the entire room and possibly broken the windows, too.

"Now that being said, it doesn't mean you can't have supervised visitation of the younger children."

Leeann's lawyer stepped in, "My client has already declined supervised visitation, Justice."

"Yeah, why do I need someone to watch me with my kids? I've had them for years now in my own home and it hasn't been a problem," Leeann complained bitterly. "I never had any issues, except the ones he fabricated." She pointed her thumb across at Gareth.

"Now, there are corroborated reports from Family and Children Services and photo evidence that do not support your claims. For the youngest two there will be only supervised visits until the court deems there are no issues," the Justice responded. "After that, partial custody will be considered."

"And the eldest child?" Leeann's lawyer questioned.

"Well, now, seeing as Ms Markham was in full custody of said child from birth until Mr. Lewis adopted her, and there have been no reports filed as to maltreatment, that is another issue altogether."

"Justice Franz, Mr. Lewis has been instrumental in raising the child since she was four and is the only father the girl has ever known," Andrea argued. "While I realize biologically speaking Daisy isn't Gareth's, for all intents and purposes, and in the eyes of the court, she is his daughter."

"I understand and agree, but there is no reason to fully remove Daisy from her mother's care."

Gareth was starting to panic, he'd promised Daisy he would do whatever it took to keep her. "But your honour-"

"Justice will suffice."

"But Justice, Daisy has repeated said she doesn't want to be with her mother, loves being with her siblings, and she has really bonded with Phillip--"

"Ah, yes," Leeann's lawyer cut in, "'the boyfriend'." He put boyfriend in air quotes and showed obvious disdain for their relationship. "My client has also voiced her concern for the children being raised in an unhealthy environment; it's immoral and against her religious beliefs. She believes that none of them should be exposed to such an unnatural and inappropriate upbringing."

"The court is aware of the mother's concerns, but there is no evidence to support that the household is inappropriate or unsafe, and we do not discriminate based on sexuality."

"And how were her promiscuous activities in the family home while I was at work, with different men, better or more moral than me being in a committed relationship with one person who actually helps and cares for the children?" Gareth argued, incensed. "Besides, in the entire time we lived under the same roof she never once attended any sort of church or espoused any religious beliefs. Bars, yes, church, no."

"Alright, that's enough Mr. Lewis, again, I am not ruling based on sexual preference. Your boyfriend," again, there was a pause while the justice flipped through her paperwork, "a one Phillip Cameron, was interviewed by F and C S and found to be a suitable guardian."

"Wait, Justice," Leeann's lawyer interrupted. "We have a recent arrest report for Mr. Cameron--fraud and theft." He slid the paper, along with a mugshot of Phillip across the table. Gareth caught a glance at Phillip's nonplussed face staring ahead, lettering and numbers superimposed across the bottom of the image, before the justice picked up the documents.

"And we have the paperwork showing that all charges were dropped because it was a wrongful arrest. Mr. Cameron settled with his former employer, received financial compensation, and a formal letter of apology." Andrea slid the appropriate papers across the table before Gareth could even utter a word of protest.

"Thank you, Ms Barnsley." The justice reviewed the papers quickly, finding everything to be in order and stacked them next to her open file. "Now, back to the issue of the custody of Daisy Markham-Lewis. Since the Lewis-Cameron household has already been found to be satisfactory, do you have the means to provide for your daughter, Ms Markham? A room, bed, and food where you reside? Those are legal requirements for custody."

"Her current place of residence is a one bedroom plus den, with her long term boyfriend, Kyle Carapino. There is a bed set-up in the den and it has a door, meeting the legal requirements."

"And is Mr. Carapino acceptable to have in a supervisory role with Daisy?" Andrea inquired, grasping at straws.

"He has no criminal record and is the lease holder on the apartment, so he will be present throughout the visit."

Gareth was galled that it was fine for Leeann to be with a live in partner, where as his needed to be investigated. But it was Gareth that had complaints brought against him with the FNCS, not Leeann, even though she deserved it. Gareth could also feel Andrea's change in demeanor when Leeann's legal counsel made that comment. It obviously rankled her, too.

"Are there any other issues that need to be addressed regarding shared custody?"

"You have her financial documents, Justice. Ms Markham would require monetary support when caring for Daisy, and then an increase in payment when custody is granted for the other children, too." Leeann's lawyer stated, gesturing towards the justice's file.

"And I do fully intend on getting custody of all my children soon, so Gareth better be saving his paychecks," Leeann angrily stated.

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Gareth couldn't believe how badly the hearing had gone, well, really not terrible. But the end of the negotiations Leeann still had access to Daisy for two weekends a month and Gareth had to pay her $250 for the privilege. It was a terribly risky situation to put Daisy in and he didn't like it. Okay, potentially risky situation, but at least Daisy was smart enough to know what Leeann was like, even if the justice couldn't determine that from the way she behaved in their hearing. How could it have not seemed the least bit suspicious that Leeann didn't want to see the kids unless she was getting money? She didn't call on Gabe's birthday, hadn't accepted their calls on Mother's Day, and refused any visits with Gabe or Franny under supervision, but sadly, the justice had already decided even though Andrea had presented those arguments.

"This is her chance to show that she can be a responsible parent. She wants a relationship with Daisy and we can't deny her that opportunity. As Daisy's sole caregiver for years, she has proven that she can care for her eldest daughter," the justice's voice rang out. "The court wants to maintain parent-child relationships wherever possible and if the parent is willing."

It took a little over an hour for the whole thing, but those final words of the verdict nearly crippled Gareth. Thankfully he was already sitting or else he would a fallen over, but that lump that had formerly been residing in his throat threatened to make an appearance on the table. The money seemed a lot for just two weekends a month, heck that was more than one week's grocery bill, but if Leeann actually used it to care for Daisy, then he didn't begrudge paying. The worst part of this whole thing was that he promised Daisy something that he couldn't deliver, and that was killing him.

Leeann insisted the weekend visitation happen as soon as possible, and Andrea had advised Gareth that it was in his best interests to follow the order, rather than fight it. As they made their way back to her office, documents in hand, Gareth really felt like shit. Andrea felt badly too, but there was really nothing to be done.

"Just document everything. If she messes up we can report it and file an appeal right away," Andrea told him before he left the office to head home and deliver the news. "Be advised though, if you don't follow the order, you will be charged and they'll garnish your paycheck as well as fine you."

Gareth nodded and left the office. What use was having a lawyer if the outcome was just going to be the same? At least he wasn't paying her, he supposed. Then he felt guilty. As much as Andrea wasn't able to get the decision he wanted, it really wasn't her fault. It seemed like the justice had gone into the meeting with her mine already made up, and that had nothing to do with Andrea's competence. And without her help, he wouldn't have been as prepared with documents, filed for the divorce, or gotten the restraining order. At least Leeann was barred from coming by their house or his work. It was just that the result today was a bitter pill and it wasn't going to taste any better when he got home.

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It was d-day, Friday, they day they all dreaded.

"I'm sorry, honey. I know I promised I'd do whatever I could, and I did. But the justice says you have to stay with your mom part of the time, and I can't go against the law." Gareth had already given the same argument for the past three days.

Daisy sat on the sofa clutching at a cushion refusing to get up, her eyes puffy and swollen, cheeks streaked with tears. "Why couldn't she have just done what I wanted? The FNCS guy listened to me and agreed mommy is bad. Why couldn't the justice see the same thing? Why didn't she understand?" Franny and Gabe were playing out back, avoiding the whole scene in the living room. As relieved as they were, they felt terrible that Daisy had to bear the brunt of their mother's attentions.

"I don't know, honey, but the courts feel it is important that you try to have a relationship with Leeann. She is your mother after all. She did say that she really wanted to see you." It was breaking Gareth's heart to have to make the speech. Of course Daisy would be better off with them, here, Leeann only cared for her children to the tune of the $250 cheque he'd have to write.

"Yeah, but she's Franny and Gabe's mom, too, and they don't have to see her!" Daisy was almost spitting with rage.

Gareth couldn't argue with Daisy's logic, it made sense to him, too, but he still didn't have an option. The justice ordered shared custody so it had to happen. "I know sweetie, but just give it a try. It's only for three days and you have some new books to read."

Phillip had felt so terrible about the judgement he'd actually gone and bought Daisy a whole series of books that she'd put on hold the last time they were at the library together. Not wanting the other two children to be left out, he'd gotten Franny a flower colouring book and Gabe a Star Wars book of technical drawings. Now he tentatively stepped back into the living room grasping Daisy's luggage.

"Neither of us want this either, but the sooner it happens, the sooner it will be done," Phillip offered, calmly holding out her bag. This was killing him, too, but hiding feelings was something he was very practiced at.

Daisy wiped her eyes on the back of her hands and stood, stretching into a rigidly upright position. Pulling her shirt and shorts back to a proper semblance of order, she reached forward and took her bag from Phillip, giving him a rueful smile. "Fine," she said, resolved to her fate, knowing she couldn't fight them both.

Phillip smiled back and gave her a firm hug and kiss on the forehead before Gareth bundled her off to the minivan to drive her to her mother's new home--Leeann's boyfriend's apartment.

The fifteen minute drive was quiet, as Daisy remained stoic, staring out the window watching the streets go by. Any attempts Gareth made at conversation with his oldest daughter petered out when she refused to give more than one word answers. And really, Gareth couldn't blame her--it was a crushing blow when the justice's directive came through, and Gareth felt terrible. He just hoped she didn't hate him for this too much. It really wasn't his choice. He'd rather have a root canal with a set of Phillip's gardening implements.

Leeann's apartment was in a building closer to downtown, not the worst part of town, but the ten storey building had most certainly seen better days. When Gareth pulled into the bumpy, pothole laced lot, Leeann, who was leaning against the brick wall stepped towards the van, tossing her mostly smoked cigarette to the pavement. Stalking across the lot, her outfit seemed too tight to be comfortable, and there was a certain strut to her step. She had straightened her brassy locks into a blunt, angular cut that was almost as sharp as her personality, and there was a definite lack of warmth.

"Ready?" Leeann didn't spare a glance for Gareth, instead snapping her fingers at Daisy who was scrambling to extricate herself from the seatbelt. Leeann's pointy toed heels tapped a steady tattoo of impatience on the asphalt, while wrenching the door open. "I don't have all day, Daisy. Come on, get moving."

There was no pleasant greeting or hug for a daughter she hadn't seen in months, not that Gareth or Daisy was expecting one.

"Sorry Mommy," Daisy mumbled, quickly squeezing Gareth's hand to say goodbye.

Leeann finally deigned to meet Gareth's eyes, looking at him dismissively, like he was beyond her contempt. "Where's my cheque? You owe me a support payment."

"I have it right here, just give me a second." Gareth fumbled in his pockets, trying to locate the paper, Leeann's obvious goal for ever having Daisy come to stay. He shifted around for a few seconds longer before finding it in the breast pocket of his button up shirt. Unfolding it, he passed it over, Leeann snatching it from his fingers tucking it into her bra. "I'll be back to pick up Daisy on Monday at noon, okay?" Then, leaning around Leeann's figure, he added, "And Daisy, don't hesitate to call if you need anything." He knew she had a sheet of paper in her luggage with all the proper phone numbers for himself and Phillip.

"I'm her fucking mother. I took care of her before you came along, and I can do it now." Leeann slammed the passenger door and spun on her heel, motioning Daisy to follow with a flick of her finger.

Daisy's posture slumped further as she seemed to want to sink into the pavement. "I'll be fine, Daddy," she said with a spiritless wave. Then she turned, trudging along, following her mother, and Gareth felt his heart break into a thousand pieces. He watched until his eldest child made it into the foyer of the building and an open elevator he could see through the large glass windows. He wept quietly on the way home, feeling like he'd failed somehow.

A/N: I'm sorry, but I'm pretty sure I warned you all this would be coming. There's really no evidence of serious abuse against any of the children, just enough to prevent her from getting shared custody of them all. If everything with Daisy proceeds well, then increasing visits will happen and with all the children. Following that, they would have to return to mediation to work out a formal custody arrangement.

Again, I'm sorry! Thanks for all the reads, comments, and votes, and the next update will be Sunday.  Have a great weekend!

<3 JJ