I hope this chapter won't feel rushed. I wrote it for you as quickly as I could. I apologize in advance for any typos.

...

26. Judgement

"With all due respect, your honor. We don't really care what it looks like to the outside world. We know what we are to each other and that's all that matters."

…

Judge Linden purses her lips and glances around the courtroom. Olivia knows the older woman must have spotted her by now, sitting in the back next to the door. The judge looks at Kathy one more time before remarking,

"As admirable as that sounds, Detective, you can't really blame your wife for thinking there is more to it than just a practical arrangement."

"There wouldn't be an arrangement if she hadn't accused me of sleeping with my partner," Elliot fires back.

His voice is terse and Olivia can feel his resentment towards Kathy all the way across the room. And it's true. If Kathy hadn't accused him, she wouldn't be moving tomorrow either. She would be preparing her own little place for tater boy's arrival and she would have made it work. If anything, a big part of the reason she's moving is to help Elliot out, and he is getting all the blame.

Then Kathy's lawyer pipes up.

"I couldn't help noticing Detective Benson's presence in this room, your honor. Maybe we should ask her what's going on."

The judge's eyes settle on Olivia immediately, confirming the fact that she has indeed recognized her.

"Detective Benson is no party in these proceedings, Counselor," the older woman states.

"My client feels she is."

"And my client doesn't, and neither do I," Casey says, rising to her feet. "Detective Stabler did not cheat on his wife but after being accused of adultery, he now wants to divorce her. Call it the final straw after a prolonged period of tension, as you have heard. He is prepared to pay alimony as well as child support, and we have drawn up a financial proposal to this effect. You have all received a copy. All we ask for is that Detective Stabler is not hindered in his contact with his children. He wants shared custody, while the minors continue to live with their mother. He will not intentionally disrupt any plans Mrs. Stabler may have with the children but he is asking to have them over regularly on weekends and during school vacations, and to be kept updated on special events in their lives. The ability to have his children over is the sole motivation for him to get a decent apartment, that he would not have been able to afford alone. Detective Stabler already has a strong relationship with the oldest daughter, who no longer lives at home, and the other two girls want to have contact with him as well. We wish to make this official, since until now, Mrs. Stabler has been less that cooperative to allow that contact."

Elliot reaches up and puts a hand on Casey's arm, but she shakes her head.

"No Elliot, the judge needs to hear this. Your honor, Detective Stabler has instructed me not to speak negatively of his wife but there is something you need to hear."

Elliot mumbles something to Casey and Olivia bites her lip. What is Casey doing?

"Proceed Ms. Novak," judge Linden says, and when Kathy's lawyer takes a breath to say something, she is silenced by a serious stare from the judge.

"Recently, I was approached by Maureen Stabler and I had a long chat with her in my office."

Both Elliot and Kathy react with shock to this announcement and Olivia is surprised as well.

Casey sits down and Olivia can imagine the triumphant gleam in the ADA's eyes now that she has everyone's full attention.

"Maureen Stabler," judge Linden says slowly, looking at her notes. "The oldest daughter. But Counselor, anything you would tell us about that conversation would be hearsay."

"I know, your honor. That is why I asked Maureen to join us today."

Casey nods at an attendant, who walks out and returns after half a minute with Maureen. Olivia can see the shock on Elliot's face when he turns around to look at his daughter. His eyes meet hers for a second and it's as if she can feel his pain. He never wanted his child to be dragged into this.

But Maureen quickly shows all of them that she is no longer a child. Kathy tries to talk to her, standing up and calling her name, but Maureen walks up to the judge to ask her if she can make a statement.

"By all means, Ms. Stabler," the judge says, and Olivia thinks she sees a hint of amusement cross the judge's face.

Maureen starts by telling the judge that she speaks for her two sisters as well. Then, she assures her mother that she isn't there to pick a side. That she loves both her parents equally but that she felt she had to speak up today, because she knows them both better than anyone.

"And I know Olivia too," Maureen adds, looking directly at her father's partner for a moment. "I have talked with Olivia and she's told me about the father of her baby. She told me his name, how they met, and even where he lives. And my dad told me he has talked with him on the phone. Right, daddy?"

Elliot nods and blows out a nervous breath. Then, his daughter continues.

"That's why I want to say that it wouldn't be fair to give mom full custody of my brother and sisters. We're just as much dad's kids as hers and he did nothing wrong. I don't believe it, mom. You keep telling us that dad doesn't want us anymore. That he traded us for a brand new family with Olivia. But if that was really true, we wouldn't even be here today, would we? Dad would have just walked away without looking back. But I've been talking with dad. Spending time with him. That's what he wants, and Kathleen and Liz want to see him too. Dickie now hates dad for something he didn't do. It's way too easy to prove paternity so if the baby was dad's, why would he lie about it? As soon as Olivia's baby is born, you will see that it was never true. And then it will be too late for you and dad. I'm really sorry that you couldn't trust him. Naturally, there's always two sides to a story. I know that. I know your marriage wasn't perfect, and I know dad wasn't home as much as we wanted him to be. But that doesn't automatically mean he was cheating on you. I would hope that deep down, you know he would never do that. And neither would Olivia."

Maureen takes a deep breath and Olivia wishes she could see the look on Kathy's face. The blonde is completely silent, probably stunned by her daughter's speech. Hell, they are all stunned. Maureen's voice trembles when she continues, addressing her mother.

"I love you mom. You'll always be my mother. You raised me and you were always there for me. You still are. But I love my dad too. Please don't make my brother and sisters choose ... when it's so easy just to let them have you both."

Maureen turns around to look at the judge, who nods at her.

"Thank you very much, Ms. Stabler. I will certainly take your words into consideration."

"Thank you, your honor," Maureen whispers before hurrying off and sitting down in a chair behind her mother.

Kathy turns around to say something to her daughter and Olivia can see that she's upset. When the judge continues, Olivia watches Kathy fish something out of her jacket pocket, put it in her mouth and swallow it with some water. Is she taking some kind of medication?

"So, Mr. Stabler. Is it true that you have spoken with the father of your partner's child?"

"Yes, your honor. Briefly, during a phone call Olivia was having with him."

The judge nods slowly, looking from Elliot to Olivia and then back down to her notes.

"And he knows you and Detective Benson are moving into an apartment together? And he's okay with that?"

"She's not involved with this man, your honor. He was just someone she was with for the duration of her vacation. He has no intention of being a father figure to his child."

"And you are? Since you will be sharing a home?"

Elliot glances at Casey next to him and Olivia swallows hard. Will Elliot's answer to this question change anything for the judge?

"I can see us entertaining the child together, if that's what you're asking. Obviously I'm going to be in his life. I won't ignore him. My only wish is, that my children will also be in my life. I can't bear to lose them or …"

Olivia bites her lip when she hears Elliot choke up slightly. He looks at his daughter, who stands up and rushes over to him. Maureen wraps her arms around his neck from behind and whispers something in his ear that makes him chuckle. Olivia has to blink furiously to keep the beginnings of tears in her eyes at bay.

Judge Linden looks at all the people in the room once more, and then tells them she has heard enough.

"A short recess, if you don't mind. We will reconvene in one hour and I will tell you what I have decided."

…

"A toast to sensible decisions," Casey declares.

They have gathered in a bar near the courthouse to celebrate the fair judgement of judge Linden. Casey and Kathy's lawyer will iron out a few last details in the financial arrangement in the morning but the main thing is, that Elliot will have joint custody of the children. Maureen has decided to go home with her mother and Olivia admires the young woman for it. She could easily have stayed to party with the people who feel like they have 'won' but she's sensitive to her mother's needs as well.

"She's going to come over tomorrow to help," Elliot tells Olivia after they have said goodbye to Maureen.

"I'm so happy for you El. But I feel bad for Kathy too. Is that weird?"

Elliot smiles warmly at her.

"Not at all. Part of me feels bad for her too. I just … I can't keep picking her up again. It just got too heavy after so many years."

Olivia wants to put a hand on his back for comfort but she's still hesitant to show any kind of affection for him in public. They have just spent several hours at the courthouse, convincing a judge that they are not involved. Somehow it doesn't feel right to get closer to Elliot now.

They have a drink with Casey and after Olivia has finished her soda, Elliot suggests going home. She's tired and he can tell. Casey lifts her now empty glass again and declares solemnly,

"Victory is ours. You are now free to go and fornicate."

Olivia puts a hand over her mouth to hide her embarrassment at the blunt comment, but Elliot grins at both of them.

"Fornicate huh? I suppose I am officially divorced now, so …"

He wiggles his eyebrows and before she can think about it, Olivia deflects,

"Not for another week I believe. Paperwork, remember?"

"Just a formality," Elliot says, and his low voice makes her shiver. Could he really be thinking about …

"Liv. I'm kidding!" Elliot says then, no doubt registering her shock.

"Pity," Casey mumbles.

Olivia isn't sure if she should be relieved or disappointed. And she doesn't know what to make of that.

...

I didn't think we needed to be present at the judge's ruling. I hope you will agree that this can't have been a difficult decision for the judge.
And reviewer KRH: I took your suggestion to heart. I hope you liked how I incorporated it!

Reviews make me happy.