TITLE: "Emotions in the Wind" (3/3)
AUTHOR: Cindy ()
RATING: R
CHARACTERS: Toby, Piper and Gang
DISCLAIMER: The characters used from the West Wing do not belong to me; they are the property of Aaron Sorkin.
FOLLOWS: Charity Begins at Home
**Seven**
"Listen to this," Donna instructed both Josh and Charlie. "It says here that in the case of Troxel vs. Granville the Supreme Court denied a grandmother the visitation she was seeking stating that the parents have a fundamental right to make decisions on how they should be able to raise their children."
"And that means?"
Donna closed the book, "I'm not quite sure….Josh?"
"I'm guessing that Grandma had her visitation restricted and she didn't like it so she sued and from the sounds of it lost."
"That's so sad."
"Donna?"
"What?"
"That's a little hope for our side."
"I know, but I just think it's mean to take away a grandparents rights to see their own grandchildren. It's not fair."
"Oh but it's fair to sue your own children because you don't like their rules? Because that's pretty much what it comes down too."
"You don't know that."
"What I do know is that it is getting harder everyday for parents to be able to raise their children the way they would like without so much bloody interference with the law. I live miles away from my mother….so when I have my kids and I don't send them out to her on a monthly basis…that means she has the right to sue me?"
"Of course not…I'm just saying…"
"I don't mean to be the bad guy here but we're getting off track. This conversation isn't going to help Toby or Piper," Charlie pointed out.
"Charlie's right," Josh said slamming another book closed. "This sucks."
CJ came through the door, "Anything?" She asked with a sense of panic in her voice.
"We're still looking CJ," Josh answered. He was disappointed that he didn't have more for her.
"How are you holding up?"
CJ sighed, "I'm good considering. I mean I have some serious jet lag and I'm still choking somewhat on the stale peanuts, but otherwise," CJ smiled trying to be positive.
"And Toby?" Donna was afraid to ask.
"Sam's got about 2 pots of coffee into him by now so if anything he's certainly alert. I'm about to run down to the house to check on the kids. We figured one of us should be there for bedtime."
"Do you want me to drive you?"
"Thanks Charlie I'd actually love that. I don't think I'm up for it….the being alone part that is."
Charlie placed his pen down and removed himself from the table and escorted CJ out after she had said goodbye to Josh and Donna.
The two of them exchanged a worried look. "It'll be alright," Josh reassured Donna.
**Roosevelt Room**
Toby finished signing all the papers that Sam had placed in front of him. "Are you sure I didn't just sign away Piper in there?"
Sam and Will laughed, "Well if you did it was only to me," Sam teased.
President Bartlet entered with Leo right behind him, "Who let this guy into the building?" Bartlet joked to Leo.
Sam laughed as he stood up and shook hands with Bartlet. "It's great to see you again Mr. President."
"California agrees with you Sam. You're all bronzed and shiny."
"We just came from Josh and Donna and he sort of had an idea," Leo stated getting right to business.
Toby held out his hands, "I'm listening."
"Well they've busy trying to figure out how to fight this thing legally…and they're really not getting anywhere…at least not fast enough for Josh."
"There has got to be more cases just like this," Will protested. "Surely we can find something?"
Leo held out his hand for silence, "Josh thinks we shouldn't be fighting the law, but that we should be fighting him."
"Isn't that what we're doing?" Will asked confused.
Toby caught on, "He's talking about digging up everything we can about this bastard and using it against him."
Will nodded his head, "Yeah that sounds like a Josh move. Can we make it work?"
Bartlet stared into Toby's eyes, "We'll make it work."
"Toby," Leo began not sure how to put what he wanted to say into words. "We believe that this Christian guy's motives are clearly for financial gain."
Toby covered his mouth with his hand as he waited for Leo to continue, "We're pretty sure that he doesn't really want Piper, but her money."
"How would he even know that she has any?" Sam asked Leo.
"It's not hard to find out what Cindy's life insurance policy was. I mean he is her brother and I'm sure through the mother he would be able to find out. So maybe he's used the mother for information and then took matters into his own hands."
"He can do that?" Will inquired.
"Right about now he could probably do whatever he likes. I mean filing the non parental custody papers was a smart move on his point. He's trying to show his concern for the child and he's going to overplay the loss of his sister and he's going to use her daughter as the only connection he has."
"She's my daughter."
Bartlet stepped in, "Of course she is Toby."
"Where the hell was he while his sister was lying in a hospital dying? Where was his love and concern for Cindy or Piper then?"
"Toby these are valid questions and when we get our chance we'll ask him," Bartlet replied.
"What if I just give him the money? Do you think he'll drop the custody petition and go away?"
All eyes were on Toby. Nobody dared answer right away…they were all probably thinking the same thing deep down. Finally it was Bartlet who replied, "No. I don't think so."
"Why not?" Toby demanded. "He gets $500,000 and I never have to see or hear from him again."
"Because he won't stop there Toby. Sure he might go away for a year or two or even more. But then what about when the money runs out? You don't think he's going to come knocking on your door demanding more and putting you through this whole song and dance once again?"
"We can make him sign a document stating he gives up all rights to Piper."
"It won't work Will," Bartlet quickly replied. "All he has to say is that he was coerced, that he was scared and then one of you will have to come up with bail money to get my ass out of jail for killing the son of a bitch."
Sam and Leo smiled, they knew how much Piper meant to the President and if given the chance didn't doubt for a second he'd take matters into his own hands.
Bartlet turned and placed his hand on Toby's shoulder giving him a light tap. "Whatever it takes to bring him down we're going to do it. Neither of us will stop until we've made this go away. I want you to believe me Toby. I need for you to believe me."
Toby stared back into the President's eyes, he knew in his heart to believe him. Bartlet continued, "I don't know how to explain it but I have this gut feeling about this scumbag. He's dirty and we're not only going to prove it, but we're going to make him eat it for the rest of his life."
Toby nodded and in a soft cry said, "Thank you Sir."
Bartlet and Toby continued to look deep into each other and through their eyes Toby was able to feel the support and love of the President. He could feel his tears without actually having them displayed. And he truly believed in Bartlet's words and felt a sigh of relief escape him.
**Eight**
Leo flipped his cell phone off and turned towards the President. "Please tell me you have good news Leo."
"Well that was Josh. They're just returning now. The daycare teacher is up next."
"Was Ms. Moore damaging?"
Leo sighed, "Well she wasn't a big help for Toby. She testified that he is moody and intimidating."
"So she told the truth," Bartlet teased causing Leo to smile and Abbey to slap him across his shoulder lightly.
"Ow," Bartlet cried out. "That actually hurt."
"Good," Abbey said standing up from the chair that she had been sitting down on. "This is insane you know," she huffed to both Leo and her husband. "That woman has no idea what Toby went through that day. How can they use her testimony?"
"Because they think it will help," Leo answered. From Abbey's disapproving look Leo urged on, "I agree that it's not right Abbey. I mean the guy just witnessed a woman's death and then gets told they're going to take this child that he's bonded with away from him. Of course he's going to be pissy towards her. Hell I'd have kicked her ass if it was me."
Abbey softened, "I can't believe this is actually happening. I mean-," she began to pace. "What more does he have to go through for Heaven's sake?"
Bartlet took a seat behind his desk, "Do they have hope for Terri?"
Leo placed his phone back in his pocket, "I'm assuming she's going to tell them about Piper being kidnapped by Ron."
The President and Abbey both shook their heads. What little hope they had left was slowly slipping away from them.
"What does this mean?"
CJ was walking at a slow pace with Sam while Toby was ahead with Josh and Will. "It means that the Judge isn't convinced."
"He isn't convinced that Piper belongs with Toby and I? How is that possible? We're her parents."
"Not necessarily CJ. I think he just wants to make sure he makes the right decision. This is a good thing. Of course after he speaks with her the Judge will deny Christian of any rights. I mean how damaging can a little girl's testimony be?"
"Hello Piper," Judge Kunkel said as he sat across from Piper in his chambers.
"Hello," Piper replied kicking her legs back in the large brown chair. She smiled up at her Uncle Sam who was seated beside her on her left. On the right sat Christian's lawyer Bill Webster.
"I'm going to ask you a few questions okay? And Sam's here with you so don't get scared," the Judge told Piper. "And I'd like it very much if you answered me honestly."
"I'm not scared. I'm five."
The Judge smiled, "Well I'm happy to hear that you're not scared. Do you think you can answer some questions that I ask you?"
Piper nodded wearing a large smile. This was so exciting for her. She didn't really understand what a Judge was, but she was aware of how her parents and those around her feared him. So she knew that he had to be important.
"Piper, do you know what the word custody means?"
Piper hesitated before replying, "Um, it's when peoples want to keep you."
Sam smiled at Piper's response. She was so smart for her age and he was so proud of her. "That's right," the Judge said. "And right now your mommy and daddy have custody of you. But you're Uncle Christian wants to have custody of you as well. And it's my job to decide who will be responsible for taking care of you."
"Who is Uncle Cwistian?" Piper asked innocently.
The Judge looked at Sam who felt his heart begin to rise in his throat.
"You don't know who Christian Affleck is Piper?"
Piper shook her head. "Mr. Seaborn why has this child not been told about Mr. Affleck?"
Sam cleared his throat, "I'm not sure your Honour. I wasn't aware that Toby had yet to tell her."
"Daddy doesn't like telling me things," Piper blurted. "He's always calling me nosy and makes me leave the room when big peoples come over."
Sam gave an uncomfortable chuckle as he watched the Judge's expression. Judge Kunkel was very interested in what Piper had to say.
"He does? And how does that make you feel?"
Without hesitation she replied, "Angwy. I'm five and my daddy is still mean to me and I am bigger now."
"He's mean to you?"
"I think what she means to say is-"
The Judge raised his hand to silence Sam, "I'd like to hear what she thinks Mr. Seaborn and not what you think if that's alright with you?"
"Of course your Honour," Sam whispered.
"Why do you think your daddy is mean to you Piper?"
"Cuz he's always doing mean things to me."
"What sort of things does he do to you?"
"He sends me to my room a lot and he doesn't stop Keegan from touching my toys and he won't let me go to the zoo and-"
Judge Kunkel understood where she was going with this and laughed, "So when you have done bad things or things that don't make your daddy too happy he punishes you?"
"Exactly," Piper exclaimed, happy that someone knew what she was trying to say. With all hope this man was going to make her dad stop punishing her and she could finally do whatever she wanted.
The Judge smiled back at Piper. Four kids and seven grandchildren later, he knew very well all that Mr. Ziegler had to go through as a father. As much as he hated asking the next question he did and he spoke softly to Piper, "Does your daddy ever hit you Piper?"
"Of course he doesn't," Sam shouted.
"No my daddy doesn't do that. He says that's wong."
Judge Kunkel was relieved to hear this. All too often cases came upon his courtroom of innocent children being abused at the hands of their parents.
"Your Honour I have it on good authority that Mr. Ziegler has been careless with this child on many occasions," Mr. Webster spoke up.
"Such as?" The Judge inquired.
"Both the daycare teacher and nanny have reported seeing bruises on Piper that were afflicted while being in the care of Mr. Ziegler."
"That's bull," Sam stated.
"On one occasion she complained of hitting her head and falling on her backside while being given a bath by her father," Mr. Webster said more to Sam than the Judge.
Sam flipped quickly through his memory for the incident that Bill Webster was speaking of, "Oh give me a break. Were you also informed that Piper had also covered herself with half a jar of Vaseline?" Sam didn't wait for a response, "Do you know how slippery a child is when she's covered head to toe in that stuff? Believe me, I watched as Toby Ziegler did everything he could to grip her in his arms and she slipped."
Piper giggled, "They blow dried me."
Sam closed his eyes. He was hoping that she wouldn't have remembered that part. Feeling the need to explain he said, "Your Honour, I swear it's not as bad as it sounds. But we tried everything we could think of at the time to get the Vaseline off of her. And it was my idea, and not a bright one I will add, to try using a blow dryer. Yes, Toby went along with it and if it helps he had it on low. We were desperate and it seemed like a good idea at the time."
The Judge chuckled, "I take it it didn't work?"
Sam relaxed, "Not in the least bit. We tried everything and then finally we used cornstarch and in minutes Piper was as good as new."
"How did the child manage to get Vaseline on her in the first place?" Webster asked with an arrogant tone.
"She opened the jar and smeared it on herself," Sam flippantly replied.
"Because she was unsupervised while in her father's care?" was what Webster came back with.
"She had just finished having a bath and while she was in the bathroom he quickly ran to his office to get something that I had come for. I would find it hard to believe that he can be considered by anyone as being a bad father because he left his child for a whole minute or so. Children will get into things, that's what they do. It doesn't make him irresponsible."
Mr. Webster didn't respond to Sam's statement. He crossed his leg and looked at the Judge who seemed satisfied with Sam's explanation.
"I have just a few more questions Piper and then you can go back home to your mommy and daddy okay?"
"Okay," Piper said suddenly feeling tired.
"Your daddy told me earlier about how much he loves you and how happy he is to have you in his life. You mean the world to him. Did you know that?"
"Yes. He tells me all the time that he loves me. And he gives me lots and lots of hugs and kisses and he says I'm his special girl."
Sam nodded in agreement, "He loves her with all his heart your Honour. Toby would be lost without her in his life, CJ as well. They live and breathe for both Piper and Keegan. I know you're aware of how he came to have her in his life. And you've heard from various people about all the bumps they've had to endure in the past few years. Some of them not good but the majority of them are excellent.
You can't hold the fact that he keeps her from going to the zoo against him, because he doesn't do it out of spite but instead for her protection. Yes, he may be a little paranoid where she is concerned, but can you blame him? He's had a social worker try to take his child from him, a trusted member of the Secret Service kidnap her, not to mention the ex-wife from hell. So she had paint in her hair and has wished for a new family and has even told him that she hates him and doesn't love him at times, but she's five. She's going to continue saying those things well into her twenties I'd guess.
I'll even wager that she doesn't try to paint her hair again, but even if she does, they're mistakes she's going to make and that's okay. The bottom line is Toby and CJ are good parents and to take her away from them would destroy not only them and Piper, but all of us who just simply and easily adore her."
The Judge told both lawyers that he would make his decision and inform them the next day at nine am. Sam walked holding hands with Piper. He had all the confidence in the world that Toby and CJ would win.
**Nine**
Toby fidgeted in his seat as they waited for the Judge to enter the courtroom. He was nervous about the verdict and was so anxious to have this all behind him so he could continue living his life with CJ and the kids.
A minute or so later the Judge entered. They all rose and then were seated seconds later. Judge Kunkel put on his eyeglasses and flipped through a folder.
"It's always hard when two parties fight for custody of children. In this case five year old Piper Ziegler, who after meeting with last night I understand the need for wanting to be with her as she is quite a pleasurable little girl.
Sometimes these decisions are easy and unfortunately this one has been quite difficult for me. It is obvious to me that the Ziegler's very much love their daughter. But I'm also well aware that Mr. Affleck has never been given the chance to get to know her and love her just as much either. And it is with that, that I award Christian Affleck with full custody of sister's child, Tobi Noelle Piper Ziegler."
The pounding of the Judge's gavel caused Toby to flinch. He screamed, "NOOOOOOOOOOOOOO," as he sat up in his bed. His body was soaked with perspiration. Breathing heavily Toby scanned the room trying to gain control of his thoughts and emotions.
The clock on the nightstand read 4:15 in bold red numbers. Toby rubbed his eyes until he could finally see out of them. His heart was beating at a high speed against his chest. He looked over beside him at the empty space where CJ should be sleeping.
CJ? Where was she? Toby's body shook as tears streamed down his face. He felt so lost and he was trying his best to regain control of his mind. Toby flung the duvet back and jumped from his bed and ran to his daughter's room.
Not caring he threw open her door and when he spotted her tucked in her bed, both Crikey and Barbie asleep down at her feet, he realized that it wasn't real. None of what happened was real. He had had a nightmare. Piper was still in his home.
It had all felt so real to him. He felt foolish as he stood watching his daughter sleep. Toby hadn't had a dream like that in years where it felt so convincing and caused him disbelief to the facts. He walked over to Piper and bent down placing a kiss on her warm forehead. Piper never even stirred. Barbie glanced up at Toby with her dark brown eyes and discovering that all was well went back to sleep herself.
"I love you baby," Toby whispered as he continued watching his daughter.
Toby walked back to his room and sat on his side of the bed. "Jesus that felt too real," he said aloud. He glanced over once more to the side where his wife should be laying beside him. CJ was with her dad and she had Keegan. Everything was okay.
"What made you change your mind?"
Toby explained to CJ about his dream. CJ gasped once he had finished, "Toby that would never happen."
"I know."
"Obviously you don't Toby or you wouldn't have created a fictional brother. You know that Cindy was an only child and her parents have been dead for over a decade."
"It felt so real CJ."
"Toby you can't keep beating yourself up for what Piper said. She did it out of anger. Piper loves you very much and of course she's upset about the zoo and she's going to get upset about many more things in her lifetime with both you and I. You have got to take her comments in stride or they'll break you."
Toby sighed, "How is your father doing?" He wanted to change the subject.
"He's good."
"I'm glad to hear that. Give him my love."
"I will, thank you."
"Please come home soon. I miss you and Keegan."
"We miss you too. He won't stop asking for you. He's been looking all over for you. Poor guy."
Toby smiled as he thought of his son. He wanted so much to hold both CJ and Keegan in his arms.
"Have you told her yet?" CJ inquired.
"Not yet no. I will once I'm done with you."
"Take the camcorder and the camera with you."
"It's just for a couple of hours CJ."
"I don't care. I can't be there with you guys so I need you to capture it for me."
"Okay," he agreed.
"I've got to run. Give Piper kisses for me."
"Only if you do the same for Keegan."
"I love you Toby."
"I love you too babe."
Toby ended the call and stood up off his bed. He stretched his arms up into the air and slowly shuffled his body towards his bedroom door.
"Piper," he called out. "Get yourself dressed and brush your teeth please. We have a busy day ahead of us. You and I are going out for some pancakes and then we're going to the zoo," Toby said when he entered his daughter's room.
