Chapter 9

Tim sat between Shannon and Gibbs waiting for his turn on the stand. He had to be brave and he knew that, the only problem was, he wasn't sure he could be. With every passing minute, his nerves were getting more and more frayed as the ticking of the clock resounded loudly in the room that they had been settled in. He was fast losing the battle for bravery and felt himself shaking as he sat there between the two people he loved dearly. An arm wrap around his shoulders lovingly making him feel instantly grounded and safe.

"Tim. You gotta be strong, okay? Just answer the questions they ask and don't be afraid. We're always gonna be here for you." Gibbs said gently and frowned when his new son nodded with wide, shocked eyes. This was hard on everyone and he only wished he could take the pain away from the young boy. They all started when the door opened and one of the court bailiffs walked in.

"Excuse me. Timothy McGee has been called to the stand. I understand there are extenuating circumstances, so if you would follow me, I'll show you where to go."

Tim looked at the strange man before him before physically shrinking into the gap between his parents. He couldn't do this, he just couldn't…

"Honey, you've got to go on the stand if you want to stay with us. We need your help here."

"I know. Mom, what if…"

Shannon glanced down at him with moist eyes. "No what ifs baby, okay. Just when. When this is over and when you come home with us, we can all move forward. All five of us."

Tim's little head cocked to one side as he processed the information and frowned when his brain tried to figure out the anomaly. "four!"

"What's that Honey?" Shannon asked distractedly.

"Four of us. Me, Kelly, you and Daddy. Four!"

"Ma'am, Sir, we really should be going." The bailiff said gently and smiled at the family before him. As a steward of the court, he knew what the case was about and hoped to God, that this loving couple would be granted custody of that little boy.

"Okay, we're coming now." Shannon said warmly and turned to cup Tim's face. "Honey, I'm having another baby, so there'll be five of us. We'll talk about it later, alright?"

Tim's eyes widened even more and his panicked, fearful face melted slightly into a small smile. He pointed at her belly and gaped in awe for a moment. "There's a…woah, really?"

"Yes, sweetie. Now come on. The sooner you get up there, the sooner it'll be over and done with." She pressed a kiss to the top of her son's head and let Gibbs pick him up. Together, they followed the bailiff out and with every step, they felt their stomachs churn at the possibility of losing this wonderful little boy.

***NCIS***

"So, Tim…may I call you Tim?" Callum McGee's lawyer asked gently. He paused briefly and waited for the invisible figure to answer from behind the screen.

"Yes, Sir."

"Thank you. Tim, I have been talking to you father and he tells me that you ran into some trouble at school on more than one occasion."

Tim frowned from where he sat and shook his head. "No Sir. I was good."

"Really? I have your school reports here and they say you were 'underachieving and refused to talk'. Can you explain why that was?"

Tears started to prickle in the corner of Tim's eyes and it took him a moment to answer. "I…no, Sir. I wasn't allowed to be good at anything. Callu…"

"Your father deserves to be called by his title don't you think?" The lawyer interrupted.

"S…sorry. Mr. M…McGee…" Tim stammered as the stress started to wear him down.

"Dad. I was looking for Dad."

Gibbs growled from where he sat in the courtroom and shook his head.

"Nope, Gibbs is Daddy. Mr. McGee is Callum." Tim said resolutely and the strength behind his words obviously had an effect on everyone; including the judge. Shannon nudged her husband and nodded over at the judge where he sat gazing at the small figure behind the screen; obviously shocked at what the small boy had just said.

"That's my boy." Gibbs whispered before turning back to what was going on.

"Alright. Whatever you are comfortable with. Back to the school reports. They tell a story of procrastination with both class work and homework. Can you tell me why?"

"I…I wanted to do my homework, b…but Callum wouldn't let me. H…he would te…tear up my books and woul…."

"I don't believe for a second that your father would do that." The lawyer chuckled harshly. Amy's lawyer stood up and shot her opponent a dirty look.

"He…my teacher cou…couldn't deal with a southpaw. She di…didn't help and I wa…was t..too smart. I didn't ge…"

"Tim, from what I have heard from your father, you simply couldn't be bothered. You were lazy and didn't want to achieve. I'm sorry Son, but right now I think you are lying."

"N….nooo."

"Objection your honor."

"Sustained. Mr. Hernandez, you are not here to pass judgment on the boy. If you can't be objective at this point, I shall appoint a court lawyer to your client."

"Understood. Tim, why did your father tear up your books?"

A small sniffle could be heard before a small voice answered. "He…he didn't like it when I…when I did well. He sai…said I wasn't an…any good and di…didn't want me to do well."

"Why?"

"I don't know."

Mr. Hernandez looked thoughtful for a moment before turning to the judge. "No further questions your honor."

"WHAT? I'M PAYING YOU TO..." Callum McGee shot up out of his chair and growled at his lawyer. That was it? That's what he paid for?

"Mr. McGee. If you do not sit down, I will have you removed from my courtroom. Thank you Mr. Hernandez. Would you like to take the floor, Mrs. Fawkes."

Callum McGee glared at his attorney as he sat down. "Calm down! I have a plan and you're not helping."

"What plan? You just accepted what he said."

"No, I planted a seed. I put doubt in their minds as to how truthful Tim is and if they think he's less than honest, then the judge will hold that against him and won't take his testimony to heart. I plan to cross examine, but I need to know what they've got up their sleeves first."

"You better know what you're doing." Callum growled harshly. "That kid is mine. I fathered him and it's my blood that runs through his damn veins."

"I know. How about we wait and see how this plays out, okay."

Amy's close friend and state attorney stood up and nodded at the judge. "Thank you, your honor." As she stepped out from behind the table, she noticed Callum and his lawyer with their heads together and couldn't help but smirk slightly at how worried they looked.

"Hi Tim, My name is Marnie Fawkes. You can call me Marnie if you like." She said warmly from where she stood.

"I'd like that." Marnie smiled at the shy voice and hoped that one day, he would gain his confidence back once again.

"Okay. Tim. I'm going to start with the day you broke your arm…

***NCIS***

Shannon and Gibbs left the court room once the judge had told Tim he could step down. Amy, bless her soul, had asked for permission to go to Tim and to try and evaluate how the young man was doing; luckily, the judge had agreed and the worried look on his face hadn't gone amiss. It was that look, paired with the bone shaking sobs, that got to both Shannon and Gibbs and they knew that tonight, Tim would need all the love, care and attention he could get. Gibbs stood up and started to pace the room.

"Gibbs, please. Sit down."

"Sit down? Shan that bastard Hernandez put Tim through the damn wringer. He waited for Marnie to finish and jumped on Tim like he was some kind of damn prey. He's seven years old for Christ sake!"

"I know baby. I know." He stopped his pacing and glanced at his wife.

"I'm sorry. Shan, I'm sorry." He said and sat down so he could pull her into his arms. "I don't know what state he was in and they wouldn't let us go and see him. I'm just worried."

Shannon nodded and sat there silent for a moment. "Why did he wait? I mean, I know he was waiting for Marnie, but why find a counter argument for everything Tim said. He all but accused Tim of killing his mother and sister and has pretty much painted Callum out to be a saint."

"They know he's not, sweetheart. You heard what the judge said."

"But…Oh God, Gibbs he accused us of giving Tim the pineapple juice even though he was the one with the bottle. Hernandez said that the date is due to be set by which we'll be called to answer for what we did." Shannon started to cry and it tore at Gibbs heart. "We didn't do it. He did! He poured that on Tim's food."

"I know. And we've got plenty of witnesses to put that theory to rest. Don't worry, it's going to be alright and that bastard will be looked up securely where he won't hurt us anymore." Shannon didn't miss the use of 'us' and sniffled. They sat there quietly waiting for Amy to bring their son to them. They didn't have wait long and both stood up when the door opened. The sight that met them damn near broke their hearts and it was all they could do to take Tim, and run away so that he wouldn't have to deal with this anymore.

"Hey, guys. Sorry it took so long, but this little man was in quite a state when we took him off the stand. I'd asked a friend of ours to wait in the sidelines so he could look him over."

Gibbs and Shannon both scrutinized Tim and took in the pale, puffy tear stained face and the shaking that wracked his small body. "How is he?" Gibbs asked as he moved forward to take Tim.

"He's in mild shock, but he's okay. The doctor has asked that he come with you tonight to keep an eye on him."

Shannon had moved in close and was currently rubbing soothing circles on Tim's back as he sat pliant and silently limp in her husband's arms. "Ames, no one we don't know, k?"

Amy grinned and nodded her head. "I know you guys too well. You know him."

"Who?" Gibbs asked gently, but turned his attention to Tim when his breath hitched slightly. "Shh, son. It's okay. I've got you."

"Ahh Jethro. I must say, you've certainly captured that little man's heart. How are you my friend?"

Gibbs stood there stunned when his old friend walked in but soon recovered and offered a saddened smile. "I've been better, Duck."

Ducky nodded and turned to Shannon. "And you, my dear. This stress can't be any good for you or the wee bairn."

"I'm okay. We just need for this to be over now. We need to be at home."

"You can go home if you want. They're going to call Callum McGee to the stand and then the judge is going to adjourn to make his decision. From what Marnie says, it's open and shut."

"Yeah, but we don't know for sure. Shan, take Tim and I'll get the car." Gibbs tried to pry Tim off, but the small arms simply tightened around his neck. "He, Tim. I need to go and get the car and then we can take you home, okay?"

"N..noooooo. Daddy…Nooooo." They didn't know what to do, so Gibbs tightened his arms around his son and held him close. After a couple of minutes, he felt Shannon's hand delving into his jacket pocket for the keys.

"I'll drive. You sit in the back with him. Ducky, Did you drive in?"

Ducky shook his head sadly and sighed. "Alas, no. My old classic Jaguar is unfortunately in the garage, so young Amy was good enough to give me a lift. I have what I need with me, so I shall ride with you if that's okay?"

"Of course." Shannon turned and kissed Tim's cheek before heading out to get the car. Gibbs sighed heavily and sat down on the chair so that he could try and get Tim's coat on him.

"Hey, come on. It's cold out there so how about we put on your coat?" he felt Tim shake his head and sighed heavily. "Well you can't go out like that. You'll be freezing." Another shake of his head and he knew that he was fighting a losing battle.

"Jethro, I wasn't sure what I'd need, so I packed a few extra's just in case. I have a spare cardigan that mother knitted in my overnight bag. If we open up the buttons, it should be big enough to use as a blanket. It's not much, but it's highland arran wool and will be warm enough to use for now." The M.E. proceeded to delve into his bag and pulled out the thick, luxurious winter sweater and wrapped it around Tim's shoulders. It was with a heavy heart, that he noticed the boys eyes were open, and unfocused as they stared at the opposite wall. "There you go young man. That should help keep you warm at least."

Gibbs nodded his thanks and walked out of the room to hopefully, help soothe his child and wait for the decision that could potentially change the rest of their lives.

***NCIS***

Mike sat in the easy chair in the Gibbs' house and watched on as Tim clung to Gibbs with a death grip that had yet to be broken. They'd been home for an hour and a half and so far, every attempt of separating the two had been futile.

"Hey, probie's son. You wanna let an old man read to ya?" He asked loudly and grinned when Tim's eyes seemed to flicker over to him. "Huh, knew you were in there somewhere. So, what do you say?"

Gibbs rubbed at Tim's back and chuckled when Tim's small arms loosened. "It's alright if you wanna you know? I'm still gonna be here." For the first time since coming home, Tim sat up on Gibbs' knee and looked around the room. "Go on." His father urged and helped him climb down so he could get his book off the coffee table and climb up into Mikes lap.

"Okay, short stuff. Where were we?" Tim wordlessly opened the book to the last page they read and settled back with his back resting against mikes chest. After a moment, he stretched round and looked up at the rugged face. For the first time that night, Tim spoke.

"Unca Mike?" He said quietly.

"What do you need, Timmy boy?"

"I'm cold." Mike chuckled and flicked his head at Gibbs as he wrapped his arm around Tim to keep him warm. "Grab that comforter, Probie. The boy's cold." Gibbs frowned slightly and reached over to get the warm blanket they kept draped on the back of the sofa for when the kids fell asleep. He stood up and handed it over.

"You feeling alright, Tim. It's not really cold in here with the fire going?" he asked his son warmly. Tim simply nodded and snuggled into the blanket as it was draped over him. "Alright. I want you to let me know if you're not feeling good. Can you do that."

"M'okay Daddy." Gibbs ruffled the blond curls and went back to the sofa. He watched intently as Mike read to Tim, lulling the small boy to sleep with his deep, rough, rumbling voice.

"He's finally asleep?" Shannon asked as she walked in with Ducky. They were carrying mugs of tea and coffee for everyone, though the tension that they felt was palpable in their faces.

"Yeah. Poor kid, he's really been through it today." Gibbs answered and shirked his head towards Mike. "Duck, he said he was cold. Is that normal."

Ducky shook his head and moved over to where Mike was sat cradling Tim. He'd stopped reading when he realized Tim had fallen asleep and sat there just holding the boy safely. "Not really, but not to be unexpected given the trauma of the day. Mike, do you mind if I just take a look at him."

"Knock yourself out." The M.E. offered a small smile to the Team leader and knelt down to take Tim's temperature and generally check him.

"Stop…" Tim struggled weakly against the onslaught, but was stopped by Mike's hands carding through his hair.

"it's alright, kid. Won't take a minute."

"K' unca Mike."

Ducky finished what he was doing and covered Tim again with the blanket. "Sleep, Timothy. That's the best thing for you." He didn't manage to finish the sentence before Tim was once again sleeping peacefully, ensconced in Mikes arms. "Jethro, I believe it's the shock of the day. Just make sure he rests and drinks plenty of fluids. When he wakes, we should try and get him to eat."

"You staying, Don?" Shannon asked warmly. She never had got the knack of calling Ducky by his nickname, and if the M.E. was going to be honest, he preferred her calling him Don anyway.

"If that's okay, my dear. I just want to make sure that little man is alright. No doubt, he'll have nightmares tonight so it may be prudent for me to be on hand."

Shannon grinned and was going to respond when their phone started to ring loudly. Gibbs and Shannon shared a look before Gibbs stood and walked over to answer the phone.

"Yeah, Gibbs."

"Gibbs, it's Ames. How's Tim?"

"Sleeping, but still not doing too good. Any news?"

He heard Amy sigh on the other end of the phone and felt his heart drop. "Well, if you consider yourself the legal parent's of one Timothy Gibbs, then yeah, there's news."

It took a minute for her news to sink in. "What? Legal parents? We're…Jesus! Shan!" he called over to his wife with a huge grin. "We did it!" Shannon made her way over and slipped her arms around Gibbs.

"Gibbs, you there?"

"I'm here. We both are."

"Good. The judge adjourned to his chambers for about ten minutes, came out and made the ruling. He said Callum McGee is not fit to be a father and in lieu of the evidence that was presented, he was granting the adoption and the change of name with effect of immediately. He also told that son of a bitch to expect to be pulled through the courts again, because he was going to use his pull to initiate legal proceedings against Callum for the murder of his wife and daughter and for the abuse, he put his family through. Not to mention the attempted murder of one Timothy Gibbs."

"Ames…I'm…Thank you!" For the first time since his daughter had been born, Gibbs stood there and handed the phone to his wife with tears streaming down his face. He kissed her cheek and left her talking to Amy whilst he walked over to his son and gently lifted him out of Mikes arms. "Hey, Tim."

Tim didn't stir but snuggled closer to his father with his small head resting in the crook of his neck. "Son, I need you to wake up for me."

"M'tired Daddy." Tim whined and snuffled slightly. Gibbs rubbed his back lovingly and grinned at being called Daddy because right now, he really was Tim's father in more than word.

"I know, you can sleep after I talk to you Timothy Gibbs."

Tim raised his head and looked at his father blearily. "Gib…What?"

"Ames just rang. We are now the proud parents of one Timothy Gibbs."

Tim's eyes widened before the small boy threw his arms around his legal guardian. "You and Mom are my Mommy and Daddy. For keeps?"

"For keeps, Son. You are now an official Gibbs so you're stuck with us."

Tim sniffed loudly before the tears of joy started to roll down his face. It was a beautiful scene, one that was only enhanced by Kelly walking sleepily into the room and frowning at the sight before her.

"Why you crying, Daddy. Timmy what's wrong?"

"These are tears of happiness baby. Tim is now Timothy Gibbs and is officially your brother."

Kelly stood there momentarily and gaped at what she'd been told. "Timmy, you're my brother!" She shrieked before running over to her father so he could sweep her up and hold her close. This was what it was all about, and he knew, that no matter what, he would fight to the death to keep his family safe from whatever harm that threatened them.