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Hello lovers! Surprising you with an update even though I'm technically on fic hiatus. I've been making massive progress with my novel and it looks like it might actually be finished by the end of this year! Then I can start querying agents, looking into publishing avenues, and OMG exiciting! Speaking of which, I've started to try expanding my social media platforms so if you would like to keep up with things, follow me on Twitter: dianna_berrian!
I will be the first to admit that this may not all be completely legally authentic. I did consult with two lawyers to make it as genuine as I could, but as always fictional liberties were taken in some aspects. I will try to get the next part up sooner than later!
(Full disclosure, this is super dialogue heavy because I felt like it was more powerful with less exposition. And I threw this up here super quick before I go to bed so sorry if there are blaring errors)
PART 18
Mystic Falls Municipal Courthouse – Courtroom 3 – Friday May 8th, 9:02 a.m.
Self-representation in court is hardly ever the legally suggested route to take. Emotions run high, tension builds, and the defense can be come ineffective, leaving one less susceptible to the mercy of the court. The Mikaelson brothers, however, were too invested to let the welfare of their youngest sibling rest in the hands of someone else. Finn, specializing in family law, stood ready with the the reins, Elijah his second in command. He would keep him legally grounded. Behind them, Klaus, Rebekah, and Kol sat in the wooden bleachers, waiting with bated breath as the judge briefly flipped through her notes, orienting herself to their case.
To the right of them stood a smug Esther, in all her navy power suit glory, her face clear and hair perfectly coifed. She had barely given them a second glance when they filtered in, but Klaus relished in the dismay he saw in a fleeting gaze, to see no one else followed Kol in. As promised, Henrik was under Caroline's watchful and cheerful eye at school. Beside their mother stood her unsurprisingly renowned attorney, Cheryl Duncan. As physically wasp-like as their mother, she was a major player in court, her ratio of wins to losses balanced highly in her favor. She was thorough, and cutthroat, not beyond stooping as low as she needed to put defendants in their place. Two peas in a pod, they were.
"All right. Let's begin," Judge Clemens began. "We are here to determine whether the temporary guardianship over one Rebekah Mikaelson and one Henrik Mikaelson will be overturned, per the appeals of the applicant, Esther Mikaelson. There was a motion to interview the latter in my chambers. I have denied the motion. The respondents have declined representation and have chose to represent themselves. We will begin with the respondents' witness and then the applicant will have the opportunity for cross-examination. Ms. Duncan, are we ready to proceed with this case?"
Esther's lawyer smiled sweetly. "Yes, your honor."
"Mr. Mikaelson, are you ready to proceed?"
"Yes, your honor," Finn answered.
"As I understand, legal custody of Henrik and Rebekah remains under their mother, with a temporary guardianship bestowed upon her sons, including yourself – " she paused to flip a page - "one Elijah Mikaelson, and one Niklaus Mikaelson. Is that correct?"
"Yes, your honor."
"Mrs. Mikaelson has stated that you have been detaining the six-year-old Henrik at their residence since her release from federal prison, having filed a restraining order against her."
"There is no restraining order, your honor. There was a trespassing complaint filed in order to have her removed from our residence."
"On what basis?"
"Fear, your honor."
Judge Clemens narrowed her eyes and they became brown slits. "What were you afraid she was going to do?"
Finn glanced across to Esther, sighing inwardly. He looked up at the bench again. "The assumption was that she would attempt to abduct her youngest son."
"As his mother she retains visitation rights while he is in your custody. You understand that denial of that visitation would be breaching a court order."
"Yes, but while that guardianship appointment is in effect, taking him away from his guardians without notice and with the intent to flee constitutes as a criminal offense."
"And why do you assume she would flee?"
"Your honor, since her release there have been numeral attempts at intimidation, one involving the authorities, in front of an elementary school where several children bore witness. Including Henrik."
"I see."
Klaus shifted in his seat at the mention, stealing a glance at his mother who remained motionless and unaffected. He shoved away the memory, batting the images of Henrik's face back and trying to focus on the case at hand.
"The concern for his well-being is not unfounded, your honor," Elijah was promising. "Rebekah and Kol Mikaelson are present today to attest to her antagonization tactics while they were in her confinement."
"We'll get to that."
"I'd also like to add the fact that she left them only when an opportunity to antagonize another one of her children presented itself."
"Okay." She waved Elijah off. "What I want to do right now is hear from Esther."
"Your honor, I just want to see my son," she answered eagerly.
"I understand that, Mrs. Mikaelson. I want to go over your charges." The court was silent but for the flipping of pages. "You were sentenced to ten years, alongside your husband, as an accessory to an attempted manslaughter, assault and battery. You served three of those years and were released early by waiving your spousal privilege and submitting a written statement against your husband. I see, also, the trespassing complaint, although no charges were pressed in this instance."
Duncan stepped forward, smoothing her beige blazer. "Your honor, my client has made repentance. Her conduct was past, and she has been rehabilitated, and now that her husband is out of the picture, she is capable of being a competent parent."
While Judge Clemens was taking notes, Klaus was ready to retch. Rebekah reached over and laid her hand over his clenched fist. It was all that kept him from mentally exploding.
Esther suddenly raised a hand. "Your honor, if I may?" She composed herself and looked up with pain in her eyes. "I have committed no crimes. My husband's actions were his own. I was there to try to prevent an exacerbation, knowing my husband's tendencies when he is in a state of rage. The entire situation was a misunderstanding where my behavior is concerned. That said, I have paid my dues and spent three years in prison, unjustly. Now I am being punished further by being kept from my five-year-old. He's so young to understand everything going on, and he may never even want to know his father, but he should not be deprived of both his parents."
The judge's expression was softening just as Elijah leaned in toward his microphone, his icy gaze fixated on his mother, "He's six."
Mystic Falls Elementary School – Miss Caroline's Classroom – 11:47 a.m.
Tap. Tap. Tap. Tap. Tap. Tap. Tap.
Caroline's pen had not stopped tapping her desk since the moment she sat down to work on next week's schedule. It had been two excruciating hours in which she had made excuses for changing up their routine. Instead of their usual mathematics, they did group counting activities. Instead of continuing learning to write simple words, she let them do some coloring. And they had read two stories at story time, instead of their usual one. Was she blatantly overcompensating? Yes. Did she care? Not at the moment.
By now, she'd hoped she'd have heard at least something. The kids were in their music class and the free time gave her too much time to run amok with her thoughts. She kept checking her phone constantly, waiting for some sign of hope. It took Bonnie coming by to stop her. She'd almost forgotten she was stopping by for a coffee break. She knocked and Caroline's head snapped up.
"Whoa. Jumpy, much?"
Caroline's shoulders dropped and she blushed. "Sorry. Just...a lot on my mind."
"I know a good remedy for that." She smiled and walked over holding a tray with two coffees and pulled a white paper bag from behind her back. "Donuts!"
Caroline smiled feebly. "Thanks."
Bonnie pulled up one of the student chairs and divvied the coffees and donuts, her lips pursed in a secretive smile. "I have a date."
Caroline paused. "Please tell me it's not Kol." Bonnie was trying to be coy with her eyes, but her smile gave her away. "Bonnie Bennett!"
"He's cute!" She held her head high. "I don't see a problem."
"No? None? Because I can count six."
"So he's younger. So what? Don't judge." Bonnie shrugged, picking off a piece of her strawberry frosted. "He's mature for his age."
Caroline snorted, taking a bite of her chocolate glazed. "No, he's not."
"Can't you just let me have my fun, just this once?"
"I just don't want to see you get hurt. And Kol..." She half-frowned. "He might not be long-term boyfriend material."
"Who says I'm looking for long term?" She shook her head. "He's fun. And funny. I need that right now."
"Just be careful."
Bonnie rolled her eyes and took another bite. "Aren't you dating his brother?"
"That's so not the same." She gave her a look. "We're both adults."
"Kol's an adult. Legally."
"Uh-huh. Keep practicing that balancing act without a leg to stand on." She looked at her phone again. Still nothing.
"Okay, you haven't put that thing down since I walked in. What's up?"
"It's nothing."
"Trouble in paradise?" Bonnie teased.
Caroline's eyes narrowed with a thin smile. "Ha ha. Very funny."
Bonnie shrugged, blowing on her coffee before taking a sip, savoring it with a hum. "He's a really good kisser, you know."
Caroline nearly choked on her own coffee. "You did not."
"Oh I did." Bonnie smirked.
She shrieked, shuddering in disgusted laughter. "Eww! Ohmigod, I should not be hearing this!"
Their giggles echoed into the hallway, and while on the surface she was minorly grossed out, Caroline was grateful for the reprieve.
Mystic Falls Municipal Courthouse – Courtroom 3 – 11:52 a.m.
"Have you kept in contact with Henrik, while in state custody?"
"No," Esther answered, adding "Not for my lack of trying."
"Meaning?"
Esther swallowed and maintained her stature. "I called home regularly, but the only one who willing to talk to me was Finn. When I asked to speak with Henrik, there were arguments."
"Among whom?"
"My sons, I believe. By the time any resolution was made, my phone allowance ran out."
"If you were being prevented from speaking to Henrik, why didn't you report them for breaching the guardianship order?"
"My children have been put through enough for one lifetime. I didn't want to impose any charges on top of what they have already endured."
Rebekah scoffed loudly, the sound reverberating through the room. The court turned to look at her and her cheeks went red. Kol leaned in to whisper something to her, but on her opposite side Klaus was seething.
"Before your conviction, did you provide for your family? Food and shelter? Necessary materials?"
"Yes."
"Were you emotionally available for your children?"
"Always, not that they would choose to come to me, but I will always be supportive of my children's needs."
"Have you ever disciplined your children?"
"Verbally, and with punishing measures. Taking away privileges, mostly."
"Nothing physical?"
Her face hardened. "Never."
He could feel the muscles in his face begin to twitch, and it took everything in him to stay seated, not shout until his lungs burned that she had been the root of all their evils! How dare she perjure herself in a court of law, and why were Finn and Elijah letting her get away with it!? Deep in his chest he felt nauseous with rage, images of Mikael's glare taunting him, swirled with visions of Henrik's smile. All sounds drowned out and he could hear Caroline's laughter, and just as his heart started to ease, in a screeching halt, he heard it. Tatia's voice, screaming at him, yelling back when he'd called her a pathetic alcoholic, telling him she'd rather drink herself to death than stay with him any longer.
"Prior to this altercation, had you ever been convicted before?" Judge Clemens' voice filtered back in against the humming of his eardrums.
"No."
Thump thump, he heard against his head.
"So you have no prior criminal record. This was your first and only charge."
"Yes."
His heart was racing and he could hardly breathe. He didn't hear the soft call of Rebekah's voice.
"Which was for a crime you did not commit."
"Objection!"
It was Klaus. He was standing and his palms pressed firmly against the railing. The whole room silenced. Esther stared at him, curious but devious.
The judge gave him a cool look. "You have no authority here, Mr. Mikaelson. Please be seated."
He swallowed, staring his mother down with wide eyes, lips curled in a snarl. His fingers shook against the wood railing, wanting it to splinter, but he was powerless, he realized. Elijah touched his arm and eased him back into his seat.
"Let's continue," the judge ordered. "The respondents may now cross-examine Mrs. Mikaelson, if they wish."
"Thank you, your honor." Elijah nodded, stepping forward in place of Finn. "When you say you are supportive of your children's needs, does that include quality time?"
"I don't understand the question."
"Have you ever helped one of your children with homework?"
"Well, I – "
"Given guidance during a crisis?"
"What crises?"
His brows raised and he smiled just a little. "So you admit to being ignorant of your children's conflicts."
"I was never made aware of any conflicts. I can't be held accountable if none of you will tell me."
"Your honor, I'd like to present to you a record of misdemeanors for Kol Mikaelson." He walked up and gave the judge a file, relishing the look of worry on Esther's face out of the corner of his eye. "As a minor, Kol's criminal activity would have been reported to his parents. However she has no recollection of ever seeing these."
Esther blinked rapidly, trying to recover. "I know he acts out on occasion, but I considered it a teenage rebellion. I didn't want to facilitate it."
"Were you aware that he was brought to municipal court for two of these?" Elijah clasped his hands behind his back. "That he was sentenced to 300 hours of community service?"
Esther's lips went thin. "No."
"I have one more question." She glared up at him. "Why did you decide to testify against Mikael now? After three years in prison?"
She pressed her lips thin in a grim smile. "His appeal date was coming up."
"So you testified against him to ensure he wouldn't win his appeal."
She leaned forward, eyes narrowing. "I made sure he never even saw the inside of that courtroom."
. . . . . . . . . . . . . . .
"You seemed keen on sharing your brother's criminal history. Could you elaborate on that?"
One by one they would be cross-examined by Cheryl Duncan. Now, it was Elijah's turn.
Elijah glanced to Kol whose head was bowed in shame. "There were numerous noise complaints filed, two for destruction of property, and a near breaking and entering that was thwarted. In most cases, my mother could pull strings to avoid putting him before a judge."
"Seems like she cared about him a great deal, if she did that."
"Objection," Finn countered. "Leading the witness."
"Sustained."
"On two occasions I bore witness as a guardian to the proceedings which sentenced my brother to 300 hours of community service for a public indecency charge. At which time Esther failed to notice that my brother did not return home from school until well beyond dinner. Not once did she question his whereabouts or why he missed dinner for five months straight."
"Do you know for a fact that she was unaware? Or that Kol hadn't pulled the wool over her eyes and maybe lied about his whereabouts?"
"Objection," Finn demanded tiredly.
The judge nodded. "Sustained. Try to stay within the confines of your questioning, Ms. Duncan."
"So your argument is that her negligence makes her an unfit mother to Henrik?"
"It is one of many arguments."
"How does Henrik feel about her?"
He paused, choosing his words carefully. "I don't believe he retains much memory of her. He was two when she was incarcerated."
"And he never once questioned his parents' whereabouts? You never thought to explain to him who they were, what they were like?"
"Henrik is a curious child, by nature. An avid reader. Any questions he asks, we readily tell him the answer." He licked his lower lip, slowly. "He has questioned us only once about his parents. Given his age, we gave him a very limited explanation."
"So he knows virtually nothing about his parents. And instead of actively trying to maintain her presence in his life, you just...ignored it." He blinked, his lips wavering as he tried to find a response. Before he could, Cheryl finished, "No further questions, your honor."
. . . . . . . . . . . . . . .
Once Elijah resigned from the stand, Rebekah was called to speak.
"Rebekah, I apologize that this has been so focused on Henrik." Cheryl smiled softly. "Let's discuss your relationship with your mother. I'm told by Esther that you would call her occasionally while she was imprisoned."
Rebekah glanced briefly to her brothers then back to the lawyer. "Yes, that's correct."
"Did you miss her?"
"I had some weak moments, yes."
"So you called her out of affection, not obligation?"
Rebekah looked down, pressing her lips together firmly, trying to stay her emotions before looking up again. "She's my mother."
Cheryl smiled again. "Have you always had a good relationship with her?"
"Up until her recently discovered indiscretions."
"Indiscretions?"
"She was unfaithful the man she married."
"Objec – "
"And if she hadn't cheated, none of this would be happening!"
Esther stood. "I love your father, Rebekah."
"Your honor – "
"Yes, mother, but you never loved us! Not me, not Henrik."
"I wouldn't be here if I didn't love you both!"
She stood too, furious. "The only reason you're doing this is to spite Nik!"
"Order!" The judge slammed the gavel. "I want order in my courtroom."
"I move to strike that entire exchange from the record, your honor," Duncan implored.
"Motion granted. Can we continue in a civilized manner?" She glanced to Rebekah who nodded and then to Esther who kept her face completely straight. "Fine. Ms. Duncan, if you are finished we can let the respondents cross examine if they like."
Duncan sighed. "No further questions, your honor."
"Fine. Mr. Mikaelson, your witness."
Elijah walked up frowning empathetically at his sister. "Rebekah. What kind of a student are you?"
"Objection!" Duncan gestured wearily. "Relevance?"
"It pertains to the plaintiff's parenting history."
"Overruled. Continue."
"Thank you." He turned back to his sister. "Rebekah?"
She shrugged, her voice still a little shaky. "I don't know. Decent, I suppose."
"Behaviorally?" Rebekah stared blankly and Elijah scratched the underside of his jaw, turning away. "How often, in your recent academic history, were you sent to detention?"
Rebekah flushed, glaring at him. "What does that have to do with anything?"
"And what were you detained for?"
She gritted her teeth. "Allegedly, for being disruptive in class."
"And what did the school counselor say after this became a consistent behavioral pattern?"
"She wanted to arrange a meeting with my parents to discuss reasoning behind it. She thought it might have to do with the lack of attention at home."
"What did you think of that?"
"Well it's hard to look after six children when you have a full time career and several banquets during the week."
"Rather than infer, can you please state exactly what you mean by that?"
"She's a career woman, first and foremost."
He nodded. "Rebekah, one more question. If this were a matter of preference, whose custody would you prefer to be in?"
"Frankly, no one's. I'm almost of legal age, but if it truly came down to it I would seek emancipation until then."
"No further questions."
Judge Clemens thumbed through her notes then rubbed her temple. "I'm going to allow a short recess and we'll resume after lunch."
. . . . . . . . . . . . . . .
While the judge excused herself and Cheryl ushered Esther out of the courtroom to reconvene, the rest stayed behind. The tension in the air was thick enough to suffocate a small country. Klaus remained in rigid silence while Finn pored over his case notes, trying to find a loophole. While Elijah apologized to Kol, Rebekah grabbed her brother's wrist.
"Nik, we need you."
"We're going to lose this case if you don't testify," Kol agreed.
"I already told you I don't want to."
"Then say goodbye to Henrik because she's going to win."
"You don't know that."
Rebekah gaped. "What judge would keep a mother and their son apart without knowing the truth?"
"She heard everything you've said. She knows Esther's a criminal."
Elijah shook his head. "With the charges dropped, there is no legal basis for her to found her judgement on that alone." He adjusted his tie, his voice weary with defeat. "We have a leg up considering his ties to his current environment and those in it, but i's not enough to warrant sole custody."
"That's why we need you, Nik. Just tell them about Mikael, make a point of your abuse – "
Klaus curled his fists. "There is no point, Rebekah! They weren't her abuses!"
"It was her negligence!" Rebekah fought back, her voice shaking with tearful fury. "It is her parental duty to protect her children! She didn't protect you, Nik! You know she won't protect Henrik!"
"Protect him from what?" He threw his hands up. "Mikael sits in jail. What harm would the judge believe his own mother capable of?"
He turned away, but Elijah turned him back forcefully, putting his hands on his shoulders. "If she wins this case, Niklaus, what's to stop her from taking Henrik away from us? There would be nothing legally keeping her from leaving Mystic Falls with him."
His eyes averted and his jaw clenched and unclenched. "We would stop her."
"I'm not sure we would be enough."
"She gets me too, you know," Rebekah told them softly. "If she wins? I'll be back under her guardianship and she could take me too."
"You said yourself you would emancipate. You won't be forced to go anywhere with her."
"So you'd rather I go through more legal trauma than speak up for yourself?" He turned away, torn. "Henrik loves you, Nik. He won't want to leave you, but if she wins…"
Elijah's eyes saddened. "Can you truly bear to lose another person in your life that you love, Niklaus?"
He looked down, sullen. "Why would the judge even believe me?"
"Because I'll testify to it," Kol's voice piped up from behind them. His expression was more sincere than any of them had ever seen him.
"Me too," Rebekah added.
Elijah placed his hand on his shoulder, nodding in agreement. Klaus looked at all of them, his eyes glassy.
"So will I." They all turned and saw Finn standing in the aisle.
The lump in his chest rose up to his throat. He felt the wetness of a tear roll down his cheek, and the soft embrace of Rebekah's hug. Soon Elijah's weight was added, then Kol's. Finn stood in his spot, but their shared look of understanding was enough.
By the time court was back in session, the air was brimming with anticipation and a newfound hope. Finn stood, resolute, called upon by the judge for his next move.
"I would like to call Niklaus Mikaelson to the stand."
