A/N: Strap yourselves in!

3. The Return

The forms had arrived on Thursday afternoon, she found them sitting on her letter box with a return envelope for when she sent them back. At first, she had no idea what these forms were or why they had been sent to her. She hadn't been expecting any mail other than her regular bills, she had stopped expecting other mail years ago. But something about this envelope was different. This envelope looked different and looked like something that required her attention and something that she needed to pay attention to. It wasn't exactly a bill, it looked like an official court envelope. Part of her couldn't help but wonder if today was the day, the day where everything became official. However, she wasn't sure how he had managed to find her and why it was now?

She stood on the front porch for a couple minutes longer, opening the mystery envelope. The moment her eyes reached the title of the documents, she felt like her jaw hit the floor. This was definitely not the kind of mail she had been expecting, in fact she never thought that she would even be contacted about this. 'Petition to adopt child' read the title and she quickly scanned through the document. Elliot wants to adopt a child? The thought flashed through her mind. Elliot wanted to adopt a child by the name of 'Chloe Serena Benson', legally and the court needed her permission as she was his wife? There was no way that was going to happen. There was no way she was going to approve her man, adopting the child of another woman who she could only assume, was Elliot's mistress. She knew right in that moment that she had to make a call to put an end to this, a call which started with one 'Bernadette Stabler'.

The mail was sitting on the kitchen counter as Olivia walked into her apartment. Olivia knew that Lucy would have collected it for her earlier today when she was here with Noah. Olivia quickly flicked through the different envelopes searching for anything important or noteworthy. Elliot was due over any minute and they were heading out, but she just needed to see if the mail was anything important first. She checked the mail every day and most of the envelopes that came through were bills or advertisements for different things. But there was one envelope she was desperately waiting for and she wondered if today would be the day. Olivia knew that it would likely be a while till they heard back about the adoption, as the paperwork took a while to be processed. But she couldn't help the anticipation she was feeling and need to check every day. It had been about a month since they submitted the forms and Olivia was desperate to hear back already.

"Hey baby, you ready to go?" Elliot greeted as he walked in through the front door. Olivia looked up at him and back down to the envelope that she was currently holding, without a word. It was that day. The papers had come back! Admittedly they were in a smaller envelope than she thought they would be, but the return address told her it was the official confirmation of adoption.
"What's that?" Elliot asked as he walked up next to her to see what had Olivia so quiet right now.
"I think it's the adoption papers" Olivia replied, she didn't sound as excited as he'd been hoping that she would be.
"Really? That's great! What do they say?" Elliot asked.
"I... I don't know. I think you should open them" Olivia stated, handing the envelope to Elliot and watching over his shoulder as he opened them. She watched him as he unfolded the paper, anxious over what it was going to say. She would have thought maybe there would be more than one page but she would take it. Elliot took a deep breath, looked at her and then back down to the paper in his hand.

"What does it say?" Olivia asked, curiously.
"The petition... was denied?" Elliot replied, almost unsure of the answer he was giving.
"What?" Olivia clarified
"Apparently there is a lack of parental consent in the adoption. I thought you said that Brian had already given up his parental rights?" Elliot asked, they had already had a discussion about whether or not there could be issues with Brian with this adoption and Olivia had assured Elliot there wouldn't be.
"He did! As he's in prison and there is an order of protection over Chloe, he has no parental rights to her. He doesn't have a say in anything" Olivia explained, she didn't understand what the issue with the adoption forms had been.
"Maybe it's just a glitch in the system or something then? I'll have Tony look into it and I'm more than sure we'll get it all sorted out" Elliot smiled at Olivia as he folded the letter up and placed it in the inside pocket of his suit jacket.
"Hopefully. Let me just get my coat" Olivia said as she moved to the closet by her front door to grab her coat out for the evening. They were heading out to dinner and a play tonight, for a 5-month anniversary type celebration, so they wouldn't let this news affect their night.

Olivia had never been seated in the official box of a theatre before, she'd never had the VIP treatment to a show before, but that changed tonight. Elliot had organised for tickets to her favourite musical playing on Broadway right now, Chicago and they were attending in an official box which he had with the theatre it was playing in. Olivia had a fantastic view and had thoroughly enjoyed the whole show. Elliot really knew how to spoil her with different experiences and gifts, she felt a little guilty she could never quite afford to reciprocate this level of affections. However, Elliot had told her that she didn't need to, for him, being with her was enough of a gift and he just wanted to show her how much he loved her.

Once the show was over, they weren't quite ready to head home again and it wasn't that late, so Elliot offered to go for a drink at one of his favourite bars in town. This man honestly seemed to know all the best spots in town and Olivia wondered how many nights he'd spent out drinking, to know this.
"How do you always know where the best restaurants or bars or places to go are in this town?" Olivia asked as they headed in the direction of the bar.
"Experience. Running a business, you have to spend lots of time out with service providers or customers and so you come to know where the best food is served. In terms of bars though, that is experience too but not due to business…When Kathy left, it hit me hard at first and along with throwing myself right into work all the time, I also turned to be anywhere but home, preferably somewhere that served alcohol too" Elliot confessed as Olivia just took his hand in hers and gave it a squeeze, she knew this wasn't easy to talk about and it wasn't something he was proud of doing.
"It's not something that I can say I'm proud of and it's something that I've since sworn I will never lose myself in again. But in hindsight, I think I was mourning the loss of my children's mother more than a loss of love" Elliot continued, and Olivia gave his hand another squeeze giving him a small smile. She had been the one to walk away from her relationship with Brian and she hadn't had any serious relationships before that. But she couldn't imagine what it would be like to have someone walk away from you with no reason, and just leave kids like that.

"I'm not sorry that the relationship ended anymore though, we really weren't made for each other, we didn't see eye to eye often and we started our relationship just as my business was taking off, so we were kind of thrown into the deep end quickly. Besides, if Kathy hadn't walked out and our relationship ended, I wouldn't have what we have now. I don't know if I'd ever survive this ending Liv and I hope that never happens" Elliot confessed as he looked Olivia directly in the eye. She agreed with every word that he was saying right now, she hoped they would never end as she didn't think she could cope losing him.
"Me either" Olivia greed as Elliot kissed her softly but with all the intentions in the world. He was completely under the belief that his relationship with Kathy was a practise run for his relationship with Olivia. Kathy had shown him love and given him two beautiful children, but Olivia had taught him how to properly love, both her and his children. She'd taught him what was important, and she'd shown him that he really could have it all and manage. He'd be so lost if he lost her.

Bernie wasn't surprised when she got the call about a certain returner to New York. She'd been preparing for this day for a while and had thought that it would have come sooner than now. However, she'd been told that it had to be now and that there was 'unfinished business'. Bernie wasn't unhappy about the idea of Kathy coming back, especially as in her eyes, Kathy was the best thing to happen to Elliot. She pushed him in was that others couldn't, and she played a large role in helping the business to become the most successful it had ever been. She did a whole lot more in the time that she an Elliot were married, than this new Olivia has. Kathy was there when Elliot's business was just starting out, she'd helped him finding the right locations to build and promoting this business, as well as with planning for the future. But Bernie hasn't heard of Olivia helping with anything to do with the business. She has helped with the children but other than that, she just seems to be 'around'. Bernie knew that would surely change when Kathy came back to town. The woman would bring Elliot back to his senses and make sure that everything went back to the way it was before she had to leave. She would get the business back to the best it could be, and her family would be happy once again.

Bernie met Kathy off the plane, with Elliot's chauffeured SUV for all her luggage. Elliot had the town car with him today and he would be picking up the kids from school, so that gave Bernie the perfect opportunity to go and meet Kathy. Bernie was going to surprise the kids by bringing their mother back into the picture of their lives, when they got home from school today. Elliot had already asked if she would like to spend the afternoon with them. He'd given the excuse that he had an important meeting to attend to but Bernie was sure that he wanted to do something with Olivia. Bernie knew that whenever he wasn't around the twins, he was with her. Elliot wasn't talking to her at the moment, other than to mention the twins or different things about them, which she took offence to. She didn't know where she had lost so much contact with her son, but she was sure it had to do with Olivia.

"Bernie" Kathy smiled as she approached the car, where the older lady was waiting. She looked well, the life in Florida was clearly treating her well. But Bernie had to admit, she was clearly glad to see the younger woman back in New York once more.
"Kathy, welcome home" Bernie hugged the younger woman close.
"Thank you, it's so good to see you. It's been way too long" Kathy replied as the driver took her bags and placed them in the boot before the ladies got into the car.
"That it has, but glad you're back now. Back where you belong" Bernie agreed.
"Well, there was no way I couldn't come back now. Not when so much has happened and there is clearly someone else trying to insert herself into my family, where she doesn't belong"
"That will change now though...Elliot may be insisting that he is over you, and he may be trying to move on. But when he sees how good you two look and how good the time away has been to you, there's no way that he'll stay with her" Bernie remarked before she dived in to filling Kathy in on extra information, she might have missed within the process of moving back from Florida to New York.

Florida had been home for Kathy for just over 4 years and it was far enough away that there was no way that Elliot would find her. But it was close enough that she could stay up to date with everything that happened and what was going on with her family. She had seen Elliot numerous times in the trips he took for his hotel in Florida, but he had never seen her. Kathy had made extra sure that it stayed that way and she made sure that everyone around her didn't know her past and would keep it that way. She had seen the pictures in the paper of when Elliot had introduced the world to his new mistress, Olivia. She'd seen the pictures of them together at the gala, she'd heard numerous rumours from her inner circle, about how he just kept circling back to Olivia's side the entire night. Though no one seemed to know who she was or what her true story was. Thankfully, Kathy had more than one source of information and she'd heard plenty of information from both Bernie and other sources.

Kathy had been really intrigued as to why a man with such a public figure would get with a woman who had such a murky past. Kathy had learnt that Olivia had fled to New York in a rush with a newborn baby, in hopes of finding a new life after being in an abusive relationship. But from what Kathy had found out, the relationship had been exactly how Olivia wanted it to be, she played victim but she had been encouraging the behaviour. So, her innocent love interest had ended up in prison whilst she had and kept the baby. The same child that the woman wouldn't even let her see her own father, and Elliot was trying to adopt. There was so much about this woman that she'd clearly hidden from Elliot and Kathy knew she had to come back and save the day, save him and save the business from being another crumbling mess in the wake of Olivia Benson. She hadn't been a fan of New York before but she was glad to be back now.

Olivia had thought that since the case with Dani was over, she wouldn't have to have another meeting with a lawyer for a while, if ever. But that had clearly been a misguidance as it was March and she was back in Tony's office, sitting next to Elliot. She was nervous for what news this meeting would bring. Elliot had his legal team look into the adoption papers case and letter in detail, after he'd received it at Olivia's place. Neither of them had understood why it had been denied when they were sure that Brian wouldn't get a say. Tony had got right to it and just 3 days later, he'd called Elliot and arranged a meeting with them both. No one was sure whether that was a good or bad sign.

"Olivia, Elliot! Thank you so much for coming in so promptly" Tony greeted as he walked into the office and shook both Olivia and Elliot's had before encouraging them to sit once more.
"Thank you, Tony, for being so willing to look into this case for us" Elliot replied on behalf of both of them, they were very appreciative that Tony and his team instantly took up the task to find out what the issue with the paperwork was. Sure, Elliot had paid them to do it, it wasn't free but they still could have turned him down for other tasks and they didn't.
"I'm glad you brought it to my attention. It's been quite the interesting discovery to say the least" Tony replied.
"So, is it Brian that's causing the problems? I didn't think that he would have any say in terms of parental rights considering he's incarcerated and he's not allowed anywhere near Chloe, even after he gets out" Olivia asked, wanting to skip all the small talk and just get straight to the point. Elliot reached across and took her hand in his, running his thumb across the back of her palm. They both watched Tony take a deep breath and knew this wasn't' going to be good news.
"No, you are quite correct in the fact that Brian has already signed away any kind of parent rights he did have with the restraining order and his extended incarceration. However, the reason that the petition was refused is actually because of you, Elliot" Tony tried to explain and neither of the pair understood why Elliot was the problem. He already had 2 kids, a successful business and had more than enough money to be able to support another child.

"What?" Elliot asked with a confused look on his face.
"Did you and I hate to bring her up but, Mrs Stabler, ever get a divorce?" Tony tried to clarify, knowing that Elliot didn't like to talk about his ex.
"Kathy, my ex-wife walked out on me and the twins just over 4 years ago now, she is no longer 'mrs stabler' but I have not heard a word from her since" Elliot explained.
"But did you get a divorce? Like legally? Signing papers and splitting up your collective purchases and everything?" Tony continued to try explain as Elliot went silent, trying to search his brain for an answer. He couldn't remember. It had been over 4 years since Kathy had walked out, he'd stopped wearing his wedding ring and he couldn't remember if they officially divorced. He'd assumed they must have but he couldn't remember for certain.
"I…I think so, I mean we must have…" Elliot tried to find the correct answer.
"Unfortunately, you didn't. The company has been supporting Mrs Stabler throughout her time away and she has had access to her business financial account the whole time as we were never officially informed to stop access" Tony tried to explain as Olivia just pulled her hand out of Elliot's. She couldn't believe what she was hearing and the look on Elliot's face right now showed he was just as shocked as she was.
"However, that is also impacting your impending adoption for a…Chloe Benson" Tony said as he scanned through his papers making sure to give the correct information. This just gets better Olivia thought to herself.
"In the court's eyes, as you are still married, they need to the agreement and acceptance of this adoption from both husband and wife. Your petition to adopt Chloe was sent to Kathy and she declined consent of the adoption, so due to the lack of her consent, your adoption was denied" Tony explained. Olivia softly scoffed to herself before looking out the window, she should of seen this coming. She was in a relationship with a man who was married. The same man who had committed himself to her and only her, was actually still married.

"How-How can that be? I have not spoken to Kathy since the morning of the day she walked out and never looked back. I don't even know where she is and she's not even contacted her children once. How do we move forward from here? I want to adopt Chloe and I've already started drawing up the paperwork to set up a trust fund and everything for her?' Elliot asked, reaching for Olivia's hand in the process but she pulled away. Nothing about this news or today changed anything for him, he still loved and wanted to be with her. He also still had the same determination that he wanted to adopt Chloe.
"In order for the court not to seek Kathy's approval on this anymore, you will need to get a divorce. Now, we can provide you with an address that we have evidence for being Kathy's residence as that's where all the money has been going. However, without the divorce, the court needs to have Kathy's permission for the adoption. If you get a divorce, then she is not needed and the paperwork will proceed, so you can adopt Chloe" Tony explained to which Elliot just nodded before explaining he would be in town when that was all finalised. Olivia excused herself from the meeting and got up to leave before Elliot had properly thanked Tony. He left right after her, he needed to talk to her and he needed to clear the air as something wasn't right. Olivia had not said a word since Tony had mentioned Kathy and Elliot could tell something was off right now.

A/N: Uh Oh...
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