**I apologize ahead of time for what your about to read but bear with me as we all go through this very tough time with Olivia. I promise my fic doesn't stay all depressing and heart breaking, it does become lighter and happier as the chapters go on and because I neglected to include Nick's recent discovery of his son in the beginning, I'm now including that part in light of what happens on Wednesday's episode :D
"Nick slow it down a little we don't need to be pulled over. We don't have any jurisdiction to be on a call and believe me when I tell you this…the Connecticut State Police are nothing short of the Gestapo if we are pulled over." Nick obeyed his Captain and lightened up on the accelerator. Their drive took less than the 3 hours and 15 minutes it took Olivia and she even adhered to all posted speed limits. Nick almost slipped up when he noticed her car in the hospital lot and was about to speak.
"There, over there's her car." The Captain said. Nick was close to laying down suspicion of his and Olivia's relationship, if his Captain had any.
"Mustang huh? Not a bad choice for a muscle car." Keep it together you jerk Nick scolded himself. They both exited quickly walking fast to the entrance to meet up with Olivia.
"We're here where are you?" Cragen asked. She excused herself from her lawyer to meet them. They both rushed to her side when they saw her coming into view.
"Thanks for coming." Her eyes and nose, a dead giveaway from bouts of crying. Nick wanted so bad to wrap his arms around her and it took every ounce of restraint to hold back. Her Captain gave her shoulder an affectionate squeeze only to have Olivia look at him and lean into him. He found his arms supporting her and comforting her.
"It'll be alright Olivia what did your lawyer say?" She sniffed and sobbed rubbing underneath her nostrils with the used tissue.
"Their lawyer has filed an emergency injunction so we'll have a hearing in the morning and if the ju-" Just then Olivia's lawyer came from the room. Olivia was about to introduce him but instead he took the lead.
"Hi I'm David Sinclair how do you do?"
"Could be better Mr. Sinclair could be better." He extended his hand. "I'm Donald Cragen, her Captain, this is Detective Amaro, her partner." Mr. Sinclair next shook hands with Nick.
"Sorry to be meeting you both under these circumstances."
"How in the hell can this happen?" Nick was agitated.
"Well as I was telling Olivia when we met last spring that these surrogacy agreements are not 100% fool proof and there can be a last minute snag and unfortunately for her…" Her lawyer gently touched her arm as she stood with her arms folded feeling numb. "We've come to that snag."
"What's the next step then?" Cragen asked.
"Uh not sure how much Olivia filled you in but the family does have a restraining order against her."
"Seems pretty ass backwards don't you think so Mr. Sinclair?"
"Nick." With large dark eyes, the Captain halted his young detective. The attorney gave Nick his full attentiuon.
"Yes I do and I understand your concern Mr. Amaro but it's going to be up to the Connecticut Family Court to unravel this one."
"What are her chances?"
"Mrs. Martin is the biological mother and albeit that she signed a legal document it doesn't mean she terminates her rights as the legal parent. It's almost the same with domestic and foreign adoptions. The system allows the mother a certain amount of time for the biological mother to have prove that she has rights to the child and as hurtful as it is to people like Olivia who are trying to adopt or go privately to have a child."
"With all due respect counselor you're not telling us anything reassuring her that she'sto going get her son back."
"I know but I expect for the judge to rule in the Martin's favor tomorrow morning thus giving us the green light for a court date with CFCS."
"Sorry counselor not following your acronym CFCS?" Cragen added.
"Sorry, Connecticut Family Court System."
"That could take months the way the courts system moves nowadays." The Captain added.
"Ehhh the docket moves pretty fast and I'm going to argue as strenuously as I can without being held in contempt that the earlier the better."
"What's your experience on these rulings counselor?" Don asked.
"To be honest with you Captain Cragen I haven't had to defend many clients with surrogacy decisions so that's why I need to be prepared to win this for Olivia but what I can tell you is that the last two decisions that hit the papers here favored the non-biological parents."
"Well that's somewhat comforting." Cragen said. Nick looked at Olivia with the heaviest of eyes. She remained with her arms crossed staring at the floor.
"So if you'll excuse me I need to get back to my office so I can prepare for morning."
"Are we allowed to speak on Liv's behalf tomorrow to help bolster her case?"
"Normally the judge doesn't allow for that because it's a short hearing probably will last all of 10 minutes but we'll certainly try."
"Thanks." Nick said shaking his hand again.
"Yes thank you Mr. Sinclair." Captain Cragen said.
"You're welcome." Olivia's lawyer turned his attention to her. "Olivia I know this hit you like a speeding train as it did me too but try to get some rest tonight or at best try to relax for your own health and that of this baby ok? I'll see you in the morning." He removed hi hand from her shoulder giving her one long last look before heading off. Olivia mumbled something inaudible nodding her head.
"Come on Liv were taking you back to your hotel." Nick gently took her by the elbow leading her out. Nick and the Captain got a room on the same floor as her and they gathered in her room to talk and provide comfort. Her answers sadly were short and robotic.
"Olivia you sure you don't want to eat just a little something?" Nick asked.
"No my stomach can't handle it right now it'll just come up later." She told them. Nick didn't want to leave her but after a while he and the Captain retired to their room.
He texted her later. Wish I was with you right now I can't stand not being able to comfort you. I love you.
xoxoxoxoxoxoxoxoxoxoxoxoxoxoxo
Next morning they knocked on her door 90 minutes before Olivia was due in court. "I'll meet you downstairs I just need to finish up." Nick thought despite her world having just been turned upside down in less than 24 hours she still looked beautiful as she made her way into the atrium for breakfast. Her perfume was a dead giveaway, the same as it is when she walks into the squad room.
"Morning." He said emitting a small smile, doing his best to try and keep her spirits up.
"Morning," she replied even toned. Olivia looked across the room at Captain Cragen serving himself at the buffet as she took her seat. Nick had already dug into his meal when he realized there was no food or a beverage in front of her. He wiped his mouth with his napkin then set it down; pushing back his chair he stood up.
"You want coffee, tea, some water?" She played with her flatware staring down at the trio. Her chin rested on the heel of her hand, her eyes followed his movement.
"Nick, please sit." She gestured to him. He kept his gaze on her as he sat back down slowly.
"Thank you but I can get my own." Nick saw a glimpse of a smile from her. Right now he would take anything from her.
"Sure. How do you feel, did you sleep at all?"
"A little, you?" she asked making eye contact with him.
"Tossed and turned…Cragen snores." Another quaint smile from her. The Captain returned with his breakfast.
"Good morning Olivia how are you feeling?" She tucked her lips in giving him a so-so look.
"You going to eat?" If she didn't get up and get something to eat either Nick or Cragen or both of them would have the chef bring out a plate for her.
"Yeah in a minute." Nick and the Captain glanced at one another while Olivia stared down at the table.
"Liv we're going to win this." He placed his hand over top of hers.
"I'm hanging on to your vote of confidence."
"Good eggs," Captain Cragen said not slowing down at all while eating. Nick busied himself sipping his coffee and nibbling at his food trying not to be too conspicuous looking at Olivia as she finally decided to get up and make herself a plate.
xoxoxoxoxoxoxoxoxoxoxoxoxoxoxo
They arrived first before her attorney and waited on the bench for him to show. The Martins and their counsel appeared shortly after. She walked as any mother would after giving birth, slow and slightly bow legged. It took every ounce of restraint from Nick not to get up and punch their lights out. Twenty minutes later Olivia's lawyer Mr. Sinclair showed. He greeted them and then they all went in taking their seats in their respected places. The judge made her entrance fashionably late.
"Good morning everyone." The judge addressed them looking over her motions submitted by both sides. The lawyers retorted with a morning greeting. "Mr. Sinclair it's always a pleasure but I really didn't think I would see you before me again."
"Thank you your honor, no I surely didn't plan on being here but as always it's also a pleasure." After she finished reading what she needed to, she lowered her glasses folding her hands in front of her.
"Adoption, natural birth or having children through whatever means necessary is truly a blessing. She paused when she looked at Olivia, who stood behind the divider, her eyes intently on the judge. She took a long look at Olivia's condition and offered a small smile.
"My ruling is not a final one, it is only an injunction hearing, and the first of what could be, many stepping stones in deciding the custody of the child." The judge averted her gaze at Hannah and her husband. "Mrs. Martin I only hope that you deeply understand what couples go through or as in Ms. Benson's case a single parent, the financial means involved, the stress, the wanting to begin a loving and joyful relationship with a child and when women agree to be an egg donor or surrogate or both, that they would honor in their heart and mind the legal binding agreement between both parties and not have this change of heart due to unwanted duress which I don't believe is the case here but unfortunately the law is the law and it is clearly defined that a child born to a biological parent is theirs until death. In the case of Benson vs. Martin." The judge looked over at Olivia again, "Ms. Benson, being of sound mind and body to love and raise this child as her own is requesting of the court to award her full physical and sole custody of the baby in question. Mr. and Mrs. Martin with Mrs. Martin being the child's biological mother is seeking the same request." The judge removed her eye ware taking her time. "My ruling is as goes. I'm awarding temporary custody of Joshua Martin to Hannah and Bruce Martin." Olivia droped her head in her hands hearing the decision. Nick stepped up to the divider putting his hand on her shoulder with a very long face remembering his own day in court. Her Captain looked on sadly. Olivia's lawyer looked despondent but knew and warned her yesterday that the judge would rule in the Martin's favor. "This court is adjourned." The pounding of the judge's gavel shook Olivia as her hands came away from her face and she turned back slowly facing Nick, her state of upset transparent. He smoothed her arm but she would not look at him.
"Come on I'm taking you out of here." Nick told her. Don looked on as did her lawyer.
"I expected this and the way judge Bell left the bench in a hurry just tells me clearly she sided with Olivia in her heart and mind but she also has to follow the law…unfortunately."
"Ok so now you file your appeal?" Cragen asked.
"Yes I'm going across the street to do just that as soon as I finish talking with Olivia. The judge just gave me my argument to win this on appeal and Olivia can finally take her little boy home. Excuse Captain I need to call my secretary and have her get on something asap. Captain Cragen lightly slapped Mr. Sinclair on his shoulder offering his other hand to him. They shook then the Olivia's attorney pulled out his cell phone and made his call as Don left the courtroom. Nick and Olivia were side by side on the bench outside.
"I can't believe this is happening, why?" Her hand was firmly placed underneath her stomach supporting her baby. Nick held her other hand keeping a careful watch on the doors.
"It's cruel and mean spirited Liv and she's not going to get away with it." She dabbed at her eyes and Nick removed his hand when they saw the large double doors swing open. They walked over to where Olivia and Nick sat.
"Gentleman I need a moment with my client." Nick got up gesturing for them to leave.
"Olivia do you trust me?" She was slow to make eye contact with her lawyer. She sighed heavily.
"Yes."
"Good because next step is filing our appeal with the court. Olivia I want you to go back to NY and concentrate on this baby you're carrying. This was a major blow to you and I'm so sorry. Having a baby should be easier than this."
"Yeah! She told him rolling her eyes. "How long before we get a new court date?"
"As soon as possible." Her lawyer added.
As soon as possible, why not now? She thought angrily.
xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxo
Olivia checked out of her hotel.
"Captain I'm going to drive back with Liv."
"Good idea. This is not over Liv." Captain Cragen touched her shoulder.
"I know I just wish it was." Olivia wasn't much conversation on the drive back to the city. Nick glanced over at her as she leaned her head against the passenger window. He laced his fingers with hers but her grip was very loose. She actually dozed off for a while.
xoxoxoxoxoxoxoxoxoxoxoxoxo
Olivia sat on the edge of her side of the bed half dressed. Her pants lay draped over the bench at the end of her bed. Her earrings were removed and tucked tightly in her palm. She fumbled with her watch trying to unlatch it from her wrist. Nick came and sat beside her.
"Liv I know it didn't go as planned and I wish yesterday never had happened but I just know in my heart he's going to be ours soon even if the law agreed with her today. You remember that night when you told me you were pregnant, I was so happy. We didn't plan it but it just happened and soon we were going to be parents to a boy named Leo and we have Zara, a family we never imagined could happen in such short time.
"How does someone do this and still look at themselves in the mirror the next day?" She rose abruptly and started for the bathroom when he reached for her hand."
"Don't give up Liv." She looked at his hold on her; he released his hand from hers.
"I'm not!" He watched her walk away. Olivia slammed the bathroom door. After about 20 minutes he knuckled lightly on the door.
"I'll be out a minute."
He wasn't asleep when she did finally crawl into bed. He had laid in the dark staring at the ceiling waiting for her. She lay on her side facing away from him. Finally he rolled over scooting closer to her. He placed his arm across her touching her belly. Nick heard and felt her sobs closing his eyes awash in her pain. He kissed the back of her head. She squeezed his hand then rolled over into the safety of his arms tucking her face into the crook of his neck.
"I love you Liv."
"I love you too."