Justin kneeled down on the floor as he put turned Gus's collar up to secure a tie. Gus rubbed his eye "why are we awake this early Justin?" he asked licking his lip.
Justin sighed smiling up at him as shuffled to his other knee "we have to be in court this morning" he said tucking Gus's tie into his jacket.
Gus pouted "But still" he yawned leaning forward putting his arms round Justin's neck "Am I going to see Momma today?" he asked, his eyes drooping closed.
Justin stood up "Yeah" he said.
Gus hugged Justin round the middle "my tummy hurts" he stated.
Justin looked down hugging Gus round the shoulders "You're just nervous"
Gus frowned "Up" he put his arms up.
Justin bent to pick him up, he grunted "Your getting too big to hold buddy"
Gus shook his head "Na uh"
Justin reached the bottom of the stairs "Brian get my jacket" he heaved Gus up higher.
Brian grabbed his jacket on the bannisters and grabbed the car keys "you okay with him?" Justin nodded opening the front door. Brian locked the door behind him opening the car door for Justin to put him. Brian shut the driver's door.
Justin reached over to clip the seatbelt in and laid Gus's head onto the back rest closing the door behind him and getting into the passenger seat.
Brian drove as soon as Justin put his seat belt on he drove out of the driveway "you put the documents in the glove compartment" he asked.
Justin leaned on his elbow on the door "yeah I did last night" he covered his mouth as he yawned. His eyes drooped he shook his head to clear away the sleepiness "I would of went to bed early but someone was pacing at 1am in the morning" he said looking over at Brian.
Brian liked his lip "I wasn't pacing" he stated.
Justin smiled and leant back in the seat "yeah okay Brian" he said looking over at him.
Brian glanced over without a word but continued driving not meeting Justin's eyes. They drove in silence until they got into the city; Gus was flopping around in the back as he was fast asleep. Brian came to the traffic lights and reached behind to push Gus upright putting him against the seat. Brian took the break off and continued towards the diner.
Justin leaned over and put the radio on low in case of Gus waking up.
Brian parked the car and got out first Justin took his seat belt off and stretched before getting out. Brian opened the side door catching Gus as he fell sideward, taking Gus's seatbelt off and picking him.
Gus curled his body round him as Brian shifted him to let his head rest on his shoulder.
Justin got Gus's bag from the seat and shut the door.
Brian locked the car and walked down the alleyway Justin followed with heavy steps. Justin opened the diner door and held it open as Brian held Gus in his arms as he was half asleep.
Debbie greeted them as they walked the counter "your early" she said "I thought you would have been fashionably late" she said.
Brian sighed "I wasn't pacing" he said hitching Gus in his arms. Gus dangled from Brian with his arm curled round his neck and his legs against his hip.
Debbie smirked "I never said anything about you being worried" she jibed.
Brian rolled his eyes and walked away.
Justin laughed "he's a bit on edge this morning" he stated "can we have the usual Deb" he said and sat opposite Brian in the booth. He reached over and moved the hair away from Gus's face "it's going to be hard for him today" he said sitting back in the seat.
Brian still held him against his chest with Gus's legs either side of his body as he sat on his lap, Gus stirred but only moved his arms down to curl against his own body and his head on Brian's chest "I know" he said tucking Gus under his chin.
Debbie poured them coffee "they'll be here soon" she stated.
Brian looked up "don't care" he said.
Emmett walked into the diner "morning" he greeted them walking to the counter "hey Deb coffee black and pancakes" he said sitting on the seat he swivelled round on the seat "you're here early" he stated
Justin nodded "the big day" he whispered.
Deb came over with their food "here you go"
Emmett turned back round once Deb put his pancakes in front of him.
Justin watched the way Brian ate his breakfast by turning his head away.
Brian looked at him "What" he said.
The diner doors bell rang, Michael walked into the diner first with JR in the pushchair and Mel and Lindz followed. He stopped and leaned back to whisper "we can go somewhere else"
Lindsey looked down at the floor as Mel shook her head "why should we?" she said glancing over at Justin who had noticed them standing there with his fork in his mouth. Mel surged forward and sat in the seat Lindsey followed like a lost puppy sitting next to her.
Michael sighed and pushed the buggy next to the table positioned it at an angle. After a few seconds Debbie walked over" What did you want this morning?" she asked. It was silent for a second before Debbie spoke again "Hope you're not staying for long I have other customers to attend. If you don't want nothing then doesn't waste my time or my space" she said.
"Ma please" Michael pleaded.
JR looked up from the buggy "Nana"
Debbie smiled "Hey JR you having fun with Daddy" JR nodded her head "that's good" she kneeled "you want something to eat what about some nice waffles"
Jr nodded she turned to Michael "Out Daddy" she said pulling on the straps of the buggy.
Michael leaned over and undid the straps, JR put her arms out and he picked her up and sat her down next to him. JR looked up "Daddy why can't I sit next to Gus"
Michael looked over at Mel "you have to ask your mother about that Honey" he said not looking away from her.
Mel gave him an evil look before Jr asked the questions again "because you can't" she said. JR pouted and looked down at her lap.
Michael sighed "just because you can't get to Gus doesn't mean his sister can't" he said standing up and picked her up "Come JR" he said walking over to Brian and Justin. They both looked up "I and JR would like to see Gus if that's okay" he asked.
Justin glanced over at Brian and raised his eyebrows.
"Jenny" Gus said looking out from Brian's coat.
JR smiled tugging on Michael's arm asking to be let down. Michael put her down on the floor Justin moved next to Brian so JR and Michael could sit opposite them.
Gus handed her one of his pencils as she shuffled up next to him "Daddy got me some colouring pens too" she said "didn't you daddy?" she said.
"Yeah I did"
-QAF-
"Sole Custody of Augustus Marcus-Peterson is now in session" the Judge said as he sat down "Representing him Is Adrian Baxter for the biological father Brian Adrian Kinney please state you case"
Adrian stood "in recent events my client Brian Kinney had to remove his son from their parents' house as the child was being abused. From the child psychologist they have written about Gus's physical and mental state. Gus had an appointment with him on Friday 11th March 2011."
"Please see the attached report you're Honor"
The judge moved the top paper for the psychologist report.
"It has been agreed by Gus Father and Gus himself to tell you the psychologist findings, which is as followed" Adrian explaihned.
'Brian Kinney the child's father in question had received many phone calls prior him removing his son Augustus. Gus as he likes to be called talked to me about the phone calls with his Father. Gus seems to be very quiet around new people which may stem from his time with his sole custodians. When I let Gus choose what he wanted to play with, he immidiently went to the crafts table. From my observations as he drew Gus was extremely aware of me watching him and he would glance at me every few minutes. This may be to gage my reaction. During his time Gus would put the colouring pencil in s special order and once finished with a specific pencil he would place it where it was previously. It is by observation only that Gus may develop Obsessive Compulsive Disorder and may experience behavioural disorder but that would require assessments once his living situations is sorted'
Judge stared over his glasses "So Mr Kinney took Gus from his parents' house?" The judge looked at Brian "but the fact still remains that Mr Kinney who has no legal rights to his son as of 3 months has taken him from his home"
Melanie who sat on the right side of the court smirked.
"But that is an issue for another court date the issue at hand. Mr Kinney forfeited his rights in order for the child's mother to relocate to Canada. This was done to ensure that no harm would come in case of an emergency if Mr Kinney couldn't be reached."
Melanie looked up at Lindsey as she stood "I wasn't aware of any of the abuse that was going on" she stated.
Brian shook his head in disbelief "that's Bullshit" he seethed.
The judge looked over at Brian briefly before listening to Lindsey continue "Brian said he was taking him for the weekend and then we get a court order" she explained "this whole story is just because he wants the attention"
Justin raised his eyebrow, he watched Brian turn his head away from Lindsey's comments and move his hand away from his face from where he was holding his head up. He closed his eyes for a second before he faced the front.
Lindsey and Melanie's lawyer smiled as the judge had a expressionless face as he took it as a good sign "that is why we would like to press charges against Mr Kinney for taking Gus to another country" he stated "Also petition for a court order to be placed so that he can have no contact until Gus is of legal age"
Brian stood and pushed the chair back "I had no contact as it is she moved 320 miles away from me and took my son with her" he shouted "and you want me to have no contact at all until he can be old enough to make his own mind up"
The judge whacked his gavel against the podium "you need to sit down Mr Kinney as I would have you removed from the courtroom and this appeal will be postponed another day"
"Do you know how much I spent on seeing my son on weekends $1114.89 for one single way and whenever they need money I am always their bank, I give them whatever they need and I don't complain" Brian stated "so I'm sorry if I am angry at Gus's so called mothers" he said and sat down and leaned back in the chair with his back away from the courtroom.
Justin bit his lip.
Adrian stood up "can we please get to the matter at hand" he put his hands out "My client handed his rights over as emotionally he was not able to be a parent in his Son's life. When Miss Peterson discussed with Brian about moving to Canada, Brian gave permission as it be a safer environment for him. My client is angry because after all this time that him and Mr Peterson have known each other he didn't expect for his child he gifted them with to be beaten up in his own home" He explained "Mr Kinney can't justify why he 'kidnapped' his own son but he can give a proper reason"
The Judge rubbed his chin "Now I have listened to both sides however there is the simple notion of evidence of the offence of child abuse in that case Gus Marcus-Peterson will be taken into care until further investigation" he said banging his gavel on the podium "court adjourned." He stood up from his seat.
"No"
Brian raised an eyebrow at the tiny voice by the doors of the courtroom "Gus how did he get here?" he whispered.
"Daddy you promised me that I wouldn't go anywhere" he whined running up the aisle and went crashing into Brian's legs "don't leave me" he said looking up.
Brian licked his lips and kneeled down so he was eye level to Gus "I know I did but it's out of my control Gus" he said putting both hands on each side of his cheeks, he looked behind Gus where a social worker was waiting "I'm so sorry but you have to go with this lady"
Gus's lip trembled "don't" he sniffed "don't you love me no more"
Brian breathed out "don't you say that ever" he said hugging him "don't worry I'll get you back no matter what okay" he pulled away "Now you have to go so I can get you back sooner okay"
Gus wailed "No I'm not leaving" he cried clutching onto Brian's leg.
Justin gritted his teeth as he moved towards Gus.
"Come one Gus" The social worker said holding her hand out.
Gus screamed as she touched his shoulder.
Brian clenched his eyes closed leaning down to pry Gus's arms off his leg.
"Nooo" Gus wailed.
"Gus please" Brian pleaded.
"You can't make me" he said defiantly.
Justin got onto his knees and put his hand on Gus's "Hey buddy"
Gus frowned and turned his head.
"You got to go with this nice lady" Justin said "You know how we always say that we will be good because we don't want to upset Daddy" Gus nodded. "Well you being naughty now and not doing as your told"
Gus sniffed "I don't want to make daddy sad"
Justin nodded "I know you don't but you need to go with the lady"
Gus looked up at Brian "You promise to come back for me"
Brian nodded "I will do everything that needs to be done to come get you"
Gus sobbed "okay"
Brian hugged him tightly "You so good"
Gus nodded and sniffed before letting go of Brian's pant leg.
Brian took a deep breath and closed his eyes a tears rolled his cheek. Justin took his hand. Brian opened his eyes gripping Justin's hand as they left the courtroom.
They got in the car and Brian leant forward on the steering wheel with his hands covering his face.
Justin put his seat belt on and kept his hand on Brian's thigh.