Chapter 7
"Hey Uncle Mickey. How are you?" Hope greeted him at the door. "Dad. Julie. Okay, am I missing something here?" Hope asked as they came in one after the other. "I'm happy to see all of you, but why are you all here? It's a little late for a visit. Is something wrong?" Hope looked at them curiously with one eyebrow arched.
"I'm afraid I'm here on official business." Mickey told her. "It seems Dougie is moving forward with the custody hearing.""What? How is that even possible?" Hope looked stunned. "It's just been proven to him Zack is my son, not his. How can he still fight me for custody?" Doug wrapped an arm around his daughter to comfort her.
"He claims there's a slight chance he could be his based on the DNA results. He also has court papers declaring him the sole guardian to his son Jack upon the death of his ex-wife. So now it's just a matter of proving to the court that he is indeed Zack and you are his legal guardian." Mickey explained to her.
"Hope, what's going on?" Bo came downstairs from putting Ciara to bed and saw the serious looks on everyone's faces.
"Uncle Mickey just informed me that Dougie is going ahead with the custody hearing. Dougie seems to think there is still a possibility that Zack is his son." Hope explained.
Bo looked confused. "How? It's been proven to him Zack is our son, not his."
"He has a lawyer who's pushing the case based on the small percentage of a match. Which I know," Mickey held up his hand to stop him from speaking., "there's only a match because he is biologically related to your son."
"He can actually do this?" Bo fumed with anger.
"I'm afraid so." Mickey told him. "But I believe we have a very strong case and he doesn't stand a chance in court."
"I pray you're right." Julie exclaimed. "I don't know how much more this family can take."
…the custody hearing…
"Will the court please rise." The bailiff announced. "The honorable Judge Fitzpatrick presiding."
"You may be seated." Judge Karen Fitzpatrick looked over the case file before here. "I will now hear opening statements."
"Your honor." Mickey walked to the front of the court. "My clients believed their son Zack died in a tragic accident a little over three years ago. What they didn't know was their son had been mistakenly taken from them. They were recently reunited with the boy and have done everything they can to make his environment a safe and loving one." Mickey went on briefly with his statement explaining the type of people Bo and Hope are and how it was in the best interest Zack remain with his family. "So it is my belief that young Zack should remain in the sole custody of his parents Bo and Hope Brady."
"Thank you Mr. Horton. We'll here from the prosecution now." Judge Fitzpatrick looked over at Dougie's lawyer. "Mr. Lowe."
"Thank you your honor." Mr. Lowe, Dougie's lawyer, presented his case. "My client recently lost his wife in a tragic accident while driving their son to a visit with his grandparents. The boy was taken from my client and kept from him by the defendant while he grieved for the loss of his wife. He did everything in his power to get his son Jack back, going as far as getting a DNA test done to prove to them he is the boy's father." Mr. Lowe continued with his opening statement defending his client as an upstanding well to do man. "It is my belief that Jack should be returned to his father, his only living parent, immediately."
"Thank you Mr. Lowe."
The court proceedings continued through various statements from Dougie's acquaintances. They all told of what a wonderful father he was to the boy and what a stable home he provided for his son. Mickey redirected asking where he had been the past three years while his son was being dragged to countless doctors. "If he's such a loving father, why did he chose to move halfway around the world where he couldn't be with his son?" He asked the last witness. "Is that the kind of stable home you say this man is providing for his son?"
"I object." Mr. Lowe stated. "The defense is misleading the witness."
"I'll rephrase. In your opinion, is it in the best interest for a child to be separated from a parent by continents?"
"Overruled." Judge Fitzpatrick banged her gavel down. "Please answer the question."
"No."
"I have no more questions for this witness." Mickey went to sit back down.
"You may step down. If the prosecution has no more witnesses, we'll hear from the defense."
"I call Dr. Marlena Evans Black to the stand." Marlena walked up to take the stand.
"Raise your right hand." The bailiff placed a bible under her left hand. "Do you swear to tell the truth, the whole truth, and nothing but the truth so help you God?"
"I do." Marlena took her seat.
"Please state your name and occupation." Mickey asked her.
"Dr. Marlena Evans Black. I am a psychologist."
"Thank you. Are you familiar with the case of Jack LeClair?""Yes I am."
"How did you first hear about Mr. LeClair's son?"
"Mrs. LeClair contacted me asking to review the case and see if I could be of some assistance to the boy." Marlena answered.
"Why did the boy need counseling?"
"He was suffering from depression. He hadn't spoken in over three years. Mrs. LeClair believed I could be of some help to her son." She told the court.
"Had you spoken to the boy?"
"No. I was supposed to meet him on March 3rd, but he missed his appointment.""Have you spoken to the boy in question since?" Mickey asked her.
"Yes I have. Zack Brady is a remarkable boy." Marlena stated.
"You refer to the boy in question as Zack Brady. Why is that?" Mickey asked.
"I believe he is Zack Brady. I've questioned him at length and he has no memories of ever being Jack LeClair; yet he possesses all the childhood memories of Zack Brady."
"In your professional opinion, who do you believe the boy is better off?"
"I believe he Brady's have provided a stable loving home for their son. Zack has become well adjusted to living with his family after being separated from them for so long. I believe it's in the best interest of Zack for him to remain with his biological parents, Bo and Hope Brady."
"Thank you Dr. Evans." Mickey turned to Lowe. "Your witness.""Dr. Evans. Is it true that you are a family friend of the Brady's, in fact weren't you once a Brady yourself?" Mr. Lowe questioned.
"I object. Dr. Evans relationship has no bearings on the case. She is a court approved counselor and has worked with the Salem PD on numerous cases through the years." Mickey stated.
"Sustained. Please keep your questions directed to the case itself."
Mr. Lowe fumbled with question after question making his client look far worse than he already did. "I have no more questions for this witness.""You may step down."
"I'd like to call Dr. Kayla Johnson to the stand." Mickey said.
Kayla made her way to the stand and was sworn in for testimony.
"Dr. Johnson. Are you the doctor who performed the DNA testing on the boy in question?" Mickey asked.
"I am."
"And what were the results of that test?"
"Zack Brady is 99.9 % the biological son of Bo and Hope Brady." She stated.
"And what were the results of Mr. LeClair?"
"47.1%."
"Would you please explain to the court how it is there is a 47.1% match to Mr. LeClair?"
"As I already explained to Mr. LeClair, in a case where DNA testing is done on a child who has a biological relation to the test subject, a slight match will show up. It is clear to me that the 99.9% match is the real parental match in this case. Mr. LeClair shares DNA by being the half sister to Zack's mother. An aunt or as in this case an uncle will have a match in DNA testing." Kayla stated.
"She's Bo Brady's sister. She's lying to protect her brother!" Dougie declared.
"Order in the court." The judge banged her gavel trying to bring order back after the disruptive outburst from Dougie.
Mickey continued with his questions. "If you were to be tested, seeing how you're the boy's aunt, would the results be the same for you as they are for Mr. LeClair?"
"When I heard Mr. LeClair was suing for custody, I took the liberty of having a DNA test done on me to prove to him that yes we would have the same ending results."
"And were those results the same?" Mickey asked."Yes." She answered.
"She's lying." Dougie yelled out.
"One more outburst from you and I'll have you removed from my courtroom." Judge Fitzpatrick declared.
"Will the court allow evidence of the DNA test of Kayla Johnson to be presented?" Mickey asked the judge.
"I will allow it." Mickey handed her the test results of Kayla Johnson. "I will take a short recess to go over all the evidence. This court is now in recess." She banged her gavel and left the courtroom for her chambers.
……
The judge returned to the courtroom and after everyone resumed their seats, she made an announcement. "After carefully reviewing all the evidence presented to me in this case, I can clearly see that the boy is indeed Zack Brady. I'm not even sure why this case made it's way to my courtroom in the first place. I feel that it is in the best interest of Zack, he should remain in the sole custody of his parents Mr. and Mrs. Brady."
"Your honor, my client hasn't even had a chance to present his case fully to the court." Mr. Lowe was saying.
"My ruling is final." Judge Fitzpatrick banged her gavel and rose from her chair to leave the courtroom.
Bo and Hope hugged. "It's over." Hope smiled and looked over at her brother's defeated face. "I should go talk to him.""No. Let him be for now. He's done enough already." Bo told her.
"Bo, he's family."
"Hope, I don't want to argue with you right now. I just want to go home and celebrate with our kids." Bo took her hand and led her out of the court. Dougie glared at them as they passed.
"This isn't over." He hissed.
"Dougie. How much more are you going to do to this family?" Doug asked him. "It's been proven beyond a shadow of a doubt that he is Zack. Please let it go. If not for the sake of the family, then for the sake of Zack. You know yourself he wasn't happy when he was with you and Carissa. You left because you couldn't deal with the problems it caused your marriage. How can you still want to pursue taking him from his real family where he is happy?"
"I can't let go of my son." Dougie stated.
"He's not your boy. I'm sorry, but your son was killed in a car accident over three years ago. It was a tragic accident, but he's gone. You have to grieve and move on from this." Doug tried to help him.
Something snapped within and Dougie saw the truth. "Where is he?" Dougie asked. "I want to see where he's buried."
Doug brought him to the cemetery where his son was buried. Dougie knelt down at the grave and brushed the dirt off the headstone. "Zack Brady. We'll have to get you a proper headstone Jack. One that bears your true name on it son. I'm so sorry I didn't know." Dougie broke down in tears finally allowing himself to grieve for his son. Doug kept his distance while Dougie talked to his sons grave. "My poor boy. How could I not have known it wasn't you?" Dougie leaned his head against the headstone and cried into it. After awhile, he rose and asked Doug to take him to Hope's house.
……
"Mom, Dad. You're back already? Is it good news?" Shawn asked his parents upon their entry.
"The judge ruled in our favor." Hope gushed. "Where's Zack?"
"He's upstairs with Ciara and Claire." Shawn told her.
She raced upstairs to see him. Hope could hear laughter coming from Ciara's room. She pushed open the door and found the twokids playing with blocks. It was the biggest tower she had ever seen either one build. Zack took his toy truck and rammed it into the base of the tower causing it to crash over as Ciara squealed with laughter. "Want to do it again?" He asked his sister who nodded yes. Hope looked on as they helped each other build it back up again. Bo walked up behind her and asked what was taking so long. She placed a finger over her lips motioning him to be quiet as they watched their children playing happily together. Zack turned his head and noticed his parents watching them. He smiled back before offering some blocks to Ciara to place on the top. She tried to reach the top, but caused the blocks to fall over again. The two children erupted with laughter again. "I think we should let them alone." Hope shut the door on the playful scene and she and Bo made their way back down to the living room.
"I wonder what's keeping your father." Julie paced around the room.
"Where is Grandpa?" Shawn asked.
"He was talking to Dougie trying to smooth things over." Julie told him.
"Why even bother? He tried to take Zack away from us. He lost, so now we have to take him back into the family?" Shawn got up off the couch.
"Shawn. He's been through a lot. And now he has to deal with the fact that he lost his son and never got the chance to say goodbye to him. We know what it's like to lose someone we love. Look what it did to this family when we thought Zack had died. You go out of your mind with grief."
"I'm going to grab a drink. Anyone want anything?" Shawn asked as he stormed off to the kitchen.
"He'll be okay. He just needs to blow off some steam." Bo grabbed Hope to keep her from going to him. "Where's Belle at?"
"She and Claire went to visit Sami and the twins." Julie informed them.
The doorbell rang and Hope went to answer it. Doug and Dougie stood in her doorway.
"Can I come in?" Dougie asked her. "I feel I owe you an apology."
Hope moved aside so he could enter. Doug lovingly caressed her cheek before going to Julie.
"I felt like he was my last link to Carissa. I was so caught up in my grief and my failure as both a husband and a father, that I clung to the idea that he was really my son. I'm sorry for that and for the trouble I caused you. I never meant to hurt you. I just wanted my son." Dougie explained to Hope.
Zack and Ciara made their way downstairs. Zack stopped on the bottom step when he saw Dougie. He looked over at his father and ran to his side. Bo wrapped his arm around Zack's shoulder.
"Hey buddy. I'm not here to take you away. I know now that you're not my son. I'm sorry I hurt you." Dougie bent down next to him. "I'm sorry I kept you away from your parents for so long. I didn't know you were theirs." Dougie reached up to ruffle his hair. "I hope you have a wonderful life with your family." He rose and turned to leave.
"Dougie?" Hope called to him.
"I'm sorry Hope. I think it's best if I leave and go home to France. I wish the best for you and your family." Hope hugged him and he left.
"Mommy. Are we a real family now?" Zack asked her.
"Baby, we've always been a real family. We always will be." She walked over to him and kissed the top of his head. She drew Zack and Ciara into her embrace. Bo wrapped his arms around the three of them. "Everything's going to be okay now." Hope smiled down at her children.