A/N Thank you for all the faves, alerts and reviews on this story, I would apologize for the delay in getting this chapter out...but there's a rule against it, :P
Disclaimer : I don't have the rights to NCIS, I had them...A chipmunk ate it :)
Chapter 10
Tobias woke up to the sounds of Tony having a nightmare, he walked into his room and stroked the hair on his forehead to settle him the same way he had when he was a child.
"Dad?" Tony murmured
"It's ok son, you're home and safe." He said.
Tony opened his eyes wide remembering what Diane had said. "Why are you here?" He snapped.
"For you son," Tobias was confused. "Where else would I be,"
"Emily needs you, you should be with her, she's your child." He replied. Shrugging off Fornell's hand.
"So are you, Gibbs is bringing Emily back with him, you need to rest son." He winced as Tony grabbed his arm.
"Dad? What happened to your arm?" he asked.
"Nothing, just a sprain," Fornell said, "Now what on earth were you thinking, getting on a plane by yourself in your condition and coming home alone."
"I…..Nothing…" Tony's voice trailed off. "I wasn't thinking... I"
"You weren't were you?" Even though Tobias wanted to be understanding, the parent in him kicked in and the anger at himself, Tony's stupidity, Diane and the whole damn situation flared up. "You could have died! You were not cleared to fly on a plane! You had a head injury! God! You were so out of it when we got here you shot me, do you even think sometimes! What am I going to do with you?" Tobias' voice got louder and louder the frustration getting to him he had not even realized what he said.
Tony sat listening to his father in horror. "I…..I shot you?" He said in a small voice. He shook his head. "No, it's not true….I shot Senior….but not you, never you!"
"Son," Fornell said crouching down to his level, "It was an accident just a graze. I'm fine, it wasn't your fault."
Tony suppressed a sad laugh; sure, it was not his fault. Diane was right he was a danger to his family.
Tobias watched all the emotions cross Tony's face in a matter seconds the morphine making it impossible for him to hide what he was feeling.
"Tony stop it," Fornell hugged his son knowing it was what he needed and sat with him until he fell back to sleep.
Gibbs and Emily pulled up outside Tony's apartment.
Emily grabbed her stuff and pulled out her key to the main door, "Come on Uncle Gibbs." She called running up the stairs to his apartment.
Gibbs followed only slightly slower.
Emily opened Tony's door and dropped her bag inside, "Dad! Tony!" she called. She pulled up short as Ducky emerged from the lounge.
"Emily, Your father is in Anthony's room right now and he's getting some rest." Ducky said trying to herd the small girl into the lounge. She ducked under his arm and ran for Tony's room, "Daddy, Tony?" She called quieter as she entered Tony's room to see her brother stirring his head in his dad's lap as Tobias dozed leaning against the wall.
"Emmy?" Tony said and opened one eye then lifted his arm so she could snuggle next to him. "You ok?" He asked groggily the morphine still affecting him.
Sleepily Emily nodded and closed her eyes.
Gibbs opened the door a crack and looked in on the sleeping family. He smiled at the sight of them looking contented all together and he vowed to help his friend do everything to keep them all together. He closed the door and head to the kitchen for a coffee and a sit rep from Ducky.
Diane walked into her lawyer's office. She had received a text from Fornell informing her that he intended to file for custody of Emily and that for now she would be living with him. She slammed a file down on Aria Goldstein's desk I want my daughter back and all access cut off between her and that boy he calls his son.
Aria looked at the file and smiled, "I think not only can we do that but your ex-husbands adoption of Anthony DiNozzo, may have been illegal." He said.
"If that is the case, then we can get Tobias for negligence as he allowed my child to stay at Anthony DiNozzo's apartment overnight." She said seizing the idea like a rabid dog with a bone. "In fact I think Emily is there with him now. Can we get an emergency hearing; I want my daughter away from him?" She asked and then proceeded to tell him about the last few days and how Tonys' biological father had arranged for them both to be kidnapped and how she had been in danger.
Aria looked at her, "Mrs. Sterling, you do realize that proceeding straight away will cost a great deal of money?"
Diane pulled out Victor's bank statements and slammed them down on the desk.
"Somehow I don't think that will be a problem, Victor is right behind me and has offered all the money I need to get Emily home safe to me where she belongs." She told him.
Aria eyed the bank statements and smiled, "Yes Ma'am, I'll get right on it."
Tony woke up shaking and Emily pulled the cover over him.
"Tony? It's ok you're home now."
"Feel sick Emmy, get dad?" Tony said and vomited over the side of the bed,
"Yuck!" Emmy screeched and ran out of Tony's room and into the lounge where the older three men were drinking coffee. "Dad….Tony's just puked."
Fornell put his cup down and headed for the bedroom with Ducky and Gibbs in tow,
"Hey son," He said and got a towel to clean up Tony and then the floor.
"Dad….feel really sick and dizzy," Tony groaned closing his eyes and leaning back against his headboard.
"Ducky?" Fornell asked concerned for his son's well being.
"It's a side effect of the morphine, it should wear off soon." Ducky said as Tony groaned.
"DAAAADDD!" Tony protested as Fornell proceeded to wipe his sons face and forehead with a cool towel. "I can do this myself; Ducky said I'd be fine."
Fornell grinned looking at Jethro, "So the big bad NCIS agent doesn't need his dad anymore," he teased.
Tony opened his mouth to reply and promptly threw up again.
"Its ok son we've got you." Gibbs said as he and Tobias supported Tony.
They laid him back down on the bed.
"I think this brand of Morphine is going on the NO list as well." Fornell told Ducky.
"The NO list?" Gibbs asked.
"The under NO circumstances should we let Tony have this list, for his medication, it's really quite extensive," Ducky said. "Some like this one make him sick, some make him loopy and two bring him out in hives."
"OH!" Gibbs said lost for words.
Diane stood in the courtroom as the judge granted her an interim custody order for Emily.
"So we have a custody order for Emily Fornell and an arrest warrant for Anthony DiNozzo as we think he took the child from the hospital when he left," Aria lied to the judge.
The judge nodded, "So ordered. Emily Fornell will be picked up by the D.C. police and Anthony DiNozzo will be detained on the charge of possible kidnapping, we will reconvene here in a week on the 15th." He said.
Diane dabbed at her eyes, "So they will bring my baby home to me?" She sniffed,
The female judge smiled kindly at the woman, "Yes Mrs. Sterling your child will be with you by the end of the day,"
"Thank you your honor," She said dabbing at her eyes, her hand covering the grin she was desperately trying not to cross her face.
Aria led her out of the courtroom, "I could get disbarred for this," He whispered, "If that happened the 1.5 million Victor will pay you should be adequate compensation." She sniped.
He smiled, "Yes, yes it will be."
Tony dressed in jeans and a t-shirt walked into the lounge, the three older men were discussing the day's events and Emily was eating a sub watching cartoon network on Tony's big screen TV.
"You feelin' better DiNozzo?" Gibbs asked.
Tony nodded, "yes thanks." He sat down and Tobias placed a glass of water in front of him, "Drink….Doctors orders," He told his son while looking at Ducky.
"DiNozzo, Fornell and I have to go and fill in Vance over this whole situation," Gibbs said.
"I gotta go just to make sure he doesn't mess up," Fornell joked as Tony smiled.
"Ducky will be keeping an eye on you, do as he says ok?" Gibbs ordered.
"Yes, boss," Tony, replied. He looked over at Emily and smiled. "Emmy can stay with me dad, I don't think you could drag her away from cartoons if ya tried,"
"Got that right!" Emily called from in front of the T.V without even looking round.
"Fine, do as your brother and Ducky tell you and I'll see you both later, and behave!" Fornell said as he and Gibbs left the flat.
"YES DAD!" Both kids chorused and Gibbs grinned at Fornell and he shut the door.
Ducky sat down to go through the paper and Tony sat on the sofa as Emily climbed into his lap.
"Wanna watch Ben10 with me?" she asked.
"Sure," Tony said, as he sipped his water, his stomach still not 100%.
They sat comfortably enjoying each others company until the peace was broken by the sound of a battering ram breaking down the door,
Tony motioned for Ducky and Emily to get behind the sofa and went for his gun safe.
"D.C. Metro…Freeze." A cop said holding a gun on Tony. As five other police officers entered holding guns on them, Tony instinctively placed himself between the cops and Emily.
Tony stopped confused and held his hands in the air. "Okay, okay, calm down I'm a federal agent." He said. "What the Hell is going on here," He asked as a wave of nausea washed over him
"Sure, ya are…" The cop said. "You Anthony DiNozzo?"
"Yes Very Special Agent Anthony DiNozzo NCIS." He said swaying slightly and handing the cop his badge.
"I have a warrant here for your arrest on the grounds of kidnapping." He showed Tony the warrant.
"What!?" Tony said as he read the details on the paper. "Evil witch queen," He said under his breath.
Emily walked up to Tony but one of the officers pulled her to one side, "You Emily Fornell?" she asked,
"Tony? What's going on?" she asked scared.
"Sorry Sir, but we have to arrest you on the charge of suspected kidnapping." The officer put Tony in handcuffs.
"Ducky, Call my dad and Gibbs," Tony said still calm.
As he was being led away, he doubled over in pain as a wave of nausea hit him again,
A woman walked past Tony and towards Emily, "Hi, I'm from child services, you are to come with me," She said to Emily.
"NO!" Tony struggled with the police officer, "I'm coming with you, please leave her with Dr. Mallard until our dad get's here."
"I read all about your father Mr. DiNozzo," The social worker said, "I would never leave a child with him, in fact we will be checking Emily out to make sure you never hurt her, people like you make me sick," She said nastily.
Tony pulled himself away from the officers and with a cry of rage and his hands still cuffed behind his back, he launched himself headlong at her.
Suddenly he felt a sharp pain and his world went black the last thing he heard was Ducky's voice,
"Jethro, You need to get back here, Anthony is being arrested for Kidnapping."