"DiNozzo." Gibbs said as he walked down and the stairs and came to stand in front of Tony's desk, his old desk. "What are you still doing here?"

"I have a shit load of work to do, Boss." Tony said glancing up from his computer.

"Look at your calendar, DiNozzo." Gibbs said as he glared at Tony who looked up at Gibbs frustrated before glancing at the calendar on his desk.

"Shit." Tony groaned as he ran his hand through his hair. "It's too late to even try and make it isn't it?"

"Yeah, DiNozzo it is. I don't know many five year olds that trick or treat at 10:30 at night." Gibbs said glancing at the clock on Tony's desk phone. "You're a great agent, Tony, and a great leader." Gibbs started and Tony looked up at him surprised. "But you're a lousy husband and father."

"Boss-." Tony started but Gibbs quieted him with a glare.

"It's not me you need to be talking to, I'm not your wife and I'm not your kid." Gibbs said and walked towards the elevator. "Go home, Tony."

"Okay." Tony said as he pulled his phone from his belt and noticed he had five missed calls from his wife. "Shit." Tony cursed as he flipped the phone open and dialed his home.

"What?" Ziva barked into the phone looking at the caller I.D.

"Ziva, listen-." Tony started softly but Ziva cut him off.

"I do not want to hear it, Tony." Ziva huffed. "You promised him!"

"I know, I just forgot." Tony tried to defend.

"You forgot your son? Tony, you promised to take him trick or treating to make up for the last time you forgot you promised to do something with him." Ziva said not even trying to hide her tears.

"Zee, I'm sorry." Tony tried again.

"Shut up, Tony, just shut up." Ziva hissed at him. "You were not there tonight. He and all his friends made plans to go, the dads were gonna take them and the moms where to supposed to stay home."

"Ziva." Tony tried to cut her off.

"Shut up and listen to me." Ziva cried. "You did not show up, the other dads tried to make it like it is was not a big deal, tried to make him forget you were not there, like you forgot about him."

"Ziva, I'm-."

"SHUT UP." She yelled. "So he still went, dressed in his adorable little costume. He made it to three houses, before he had enough. All the other kids would run back and show their dads what they got, Jeremy could not, you were not there." Ziva paused to catch her breath and try and control her tears. Tony knew not to talk. "Do you know what the worst thing is, Tony?" Ziva asked.

"No." Tony said softly as he gazed at the picture of his little boy, which sat next to his computer.

"In the car, on the way home, he was explaining how he got a Hersey bar, a Fastbreak, and a Milky Way. He said I could have the Fastbreak because Milky Way was your favorite." Ziva cried as she tried to keep her voice even. "He got three pieces of candy tonight, Tony!" Ziva screamed at him and Tony dropped his gaze from the photo ashamed. "And he still wanted to give you one, after you pitched him."

"Ditched." Tony corrected with a wince.

"Shut up." Ziva said again as she calmed herself. "I will talk to you later."

"Ziva, wait." Tony said but she hung up forcefully. Tony sighed and clipped his phone back on his belt. He glanced at the clock and sighed again, Jeremy probably went to bed a couple hours ago.

Tony shut off his computer and grabbed his suit jacket and keys and headed towards the elevator. He knew Ziva was going to murder to him. He got in his car and rested his head against the steering wheel frustrated. He didn't know how things got so messed up. Once Gibbs had been promoted to director, Tony took over the team. He left quickly in the morning with a simple kiss to his son's forehead and a gentle peck for his wife. He returned at night after Jeremy was already in bed.

Ziva heard him come through the door and drop his keys and bag on the table. She did in fact notice the somber expression on his face and how his body was tense. She smiled softly as she watched him walk over to the counter where a fun size Milky Way sat with a note.

'Happy Halloween Daddy' the note read in scribbled handwriting.

"Christ." Tony whispered as he sat at the counter and put his face in his hands.

"It is ridiculous." Ziva said as she stood on the opposite side of the counter from her husband. "That after everything, he still wanted to wish you a Happy Halloween."

"I know." Tony nodded as he ran his finger over his son's handwriting. "He in bed?"

"Yup, cried himself to sleep." Ziva said and watched as Tony dropped his head defeated.

"I didn't mean to hurt him, Ziva." Tony said softly.

"Then why do you keep doing it, Tony?" Ziva asked frustrated. "This is not the first time you have made him cry."

"I'm not doing it on purpose." Tony growled as he narrowed his eyes at her.

"You are!" Ziva yelled back at him. "You make these promises, and to you they are just words, to him they are everything." Ziva said her accent thick as the tears started falling again. "He was not excited because he was going trick or treating, Tony, he was excited to spend time with you."

"I'm sorry, I lost track of time and-." He was cut off again.

"No, you forgot completely, you did not even remember it was Halloween." Ziva explained for him and he nodded. "Tony, I understand if you do not want to spend time with me, that is fine." She said and Tony looked at her confused. "But I will not let you do this to him! I will not have him crying because of you."

"You think I like making him cry? Huh, you think I do this intentionally?" Tony yelled back.

"I do not know, Tony." Ziva said shaking her head. "From when he was born until he was about four, you never left his side, he never wondered where you were."

"That was before I was made team leader." Tony defended.

"Yes, and now your work is more important than your son." Ziva said softly.

"Nothing is more important than you and Jeremy." Tony said seriously as he got up from his chair and walked to the other side of the counter where Ziva was standing.

"Then why do you keep breaking our hearts?" Ziva cried as Tony wrapped her in a hug.

"I'm sorry." Tony whispered into her hair trying to control his own tears.

"Even with everything you do, Tony, he still loves you." Ziva said pulling back from the hug and wiping her eyes. "With everything he has."

"I know." Tony said as he glanced at the pictures that covered the fridge. "I love him too, Ziva, don't doubt that, or how much I love you."

"How can I not doubt it?" Ziva questioned looking up at him. "It's not us I'm worried about, I see you at work and when you come home I am still awake." She said as she rested her hand on his chest. "I will leave you, Tony, if things do not change soon. I cannot stand this."

"I know." Tony said pulling her into a tight hug as she cried into his chest. "I don't want you to leave." He whispered against her ear.

"Things have to change." Ziva said as she played with the buttons on his shirt. "Like on the weekends. He asks you to play football or basketball, and you are either watching a game or working from home. So he goes outside and plays by himself hoping that on the off chance you do play with him he can impress you."

"What?" Tony chocked his voice barely a whisper. "He told you that?"

"Yes." Ziva nodded. "Right after he asked why you did not love him anymore."

"Oh God." Tony said taking a step back from his wife as he glanced up the stairs. "He asked that?" Tony asked his voice quivering. "Gibbs was right."

"What?" Ziva asked confused as Tony slid down the counter to sit on the floor.

"He said I was a lousy husband and father." Tony explained as he twisted his wedding band. "Ziva, I am worse a father than my father."

"That is not true." Ziva cried as she kneeled in front of him. "You have just gotten off rail, Tony."

"Track." Tony smiled slightly as he looked at his wife.

"Tony." Ziva said taking his face in her hands. "I am not saying you are a bad father, well, not completely. Even when I was pregnant you were amazing, and you have been amazing until you got this promotion."

"I know." Tony nodded. "I swear, Ziva, I swear on my son's life that I will manage my time better. I'll be a better father."

"Do not swear on our child's life." Ziva smiled as she kissed him gently. "Trust me, Tony, if this does not change, we will leave."

"I know." Tony nodded as he stood from the floor and helped his wife up. He gave her one more quick kiss then he turned and headed towards the stairs.

"Where are you going?" Ziva asked as she watched Tony kick off his shoes and take the stairs by two.

"I'm gonna talk to him." Tony said looking back down at Ziva.

"He's asleep." Ziva said but Tony ignored her and walked into the room anyway.

Tony smiled as he studied his sleeping son. One arm was behind his head while the other was laying on his stomach. Tony took his suit jacket off and threw it over the desk chair and shoved the cat off the bed, which was sleeping peacefully next to his son. The cat hissed at Tony and jumped back on the bed settling by Jeremy's sleep.

"Friggin' cat." Tony said as he climbed over his son doing his best not to stir him awake as he settled on his side to watch Jeremy, his head propped up by his hand.

Tony smiled as Jeremy murmured in his sleep. He gently pushed his short black hair back making it stick up slightly. His hair was so fine he was practically bald for the first year of his life.

"Daddy?" Jeremy questioned tiredly as Tony continued to stroke his hair.

"Hey." Tony whispered as he dropped his hand and kissed the boy's forehead. "I didn't mean to wake you." It was a lie, but he didn't care and he knew Jeremy wouldn't care either.

"s'okay." Jeremy said softly as he turned and snuggled into Tony who in return pulled Jeremy closer.

"I'm sorry, Jeremy." Tony whispered as he ran his hand across his back, like he had when he was a baby.

"s'okay." Jeremy said into Tony's chest with a yawn.

"No." Tony said startling the boy. Jeremy pulled back and looked up at his father with matching eyes. "It's not okay, Jer."

"Okay." Jeremy said with a yawn snuggling back into Tony.

"Jeremy, look at me." Tony said softly as Jeremy rolled on his back and looked up at his father. "I'm sorry, for everything." Tony said as he ran and finger down his son's cheek. "All the promises I broke."

"I forgive you, Daddy." Jeremy said sweetly with his mother's smile, shocking Tony.

"Why?" Tony asked softly. "What I did was bad, mean."

"You're my daddy." He smiled and leaned and kissed Tony's nose and snuggled back against him. "I love you." He said against Tony's chest before pulling back and looked up at Tony who was trying not to cry. "Do you love me, Daddy?" he asked his voice soft and shy as he buried his head in Tony's chest. Tony sighed and pulled his tight against him as he let a couple tears escape his eyes.

"Jeremy DiNozzo." Tony whispered as he kissed his son's hair. "Look at me." Tony begged as he stroked his back. Jeremy sighed and rolled back onto his back and looked up at his father timidly. "I know I've sucked lately." Tony started. "But I love you more than anything, you're my little man."

"More than work?" Jeremy asked as he played with his father's shirt.

"More than anything." Tony repeated and glanced at his wedding ring with a smirk. "Except for Mommy, you and Mommy are my life." Tony said and kissed Jeremy's forehead again.

"I believe you." Jeremy said with a smile and yawn. "I wish we coulda went trick or treating."

"I know." Tony said sadly. "I'm sorry."

"I know." Jeremy nodded and snuggled back against his father.

"It's gonna be different from now on." Tony said seriously. "Okay?"

"Okay." Jeremy nodded as he watched Tony reach for the phone that was still on his belt and watched curiously as he dialed a number.

"What DiNozzo?" Gibbs barked into the phone.

"Hey, Boss." Tony said as he glanced down at Jeremy who was listening to him curiously.

"I'm not taking you to the hospital, regardless of what Ziva did to you." Gibbs said into the phone and Jeremy laughed.

"No, she didn't hurt me, yet." Tony laughed. "I was wondering if I could have the rest of the week and the weekend off?"

"You got a good reason, DiNozzo?" Gibbs asked, testing the agent.

"Yes." Tony answered simply as he looked down at his son, who was doing his best to keep his eyes open. "Very good."

"Okay." Gibbs agreed. "I don't wanna see your face or Ziva's face until Monday."

"Thanks Boss." Tony said and clipped the phone back on his belt. "Come on." Tony said as he jumped off the bed and scooped Jeremy into his arms. "I'm not sleeping with that cat."

"Why?" Jeremy giggled as Tony carried him into the master bedroom and laid him down in the middle, next to Ziva.

"We don't have to be in work until Monday." Tony said with a smile and pecked her cheek.

"Really?" Ziva asked as she looked over at Jeremy who seemed to be much happier then when he went to bed.

"Yup." Tony said as he took his shirt off. "And he's not going to school either."

"Yay." Jeremy squealed.

"Tony." Ziva scolded throwing a pillow at him.

"Are we gonna play, Daddy?" Jeremy asked hopefully as Tony walked around to his side of the bed.

"We can do anything you want."