PART 3
Three days later Fitz walked between his parents holding tightly to their hands. They climbed the steep marble stairs outside the court house and stopped at the large wooden doors. Phil took a deep breath and smiled down at the little boy before pushing the doors open and stepping inside.
The benches outside the courtroom were empty. Only a few clerks and lawyers moved through the halls. Phil motioned for Melinda and their son to sit then walked the length of the hallway and peered around the corner. Apparently their lawyer, Alexandra Miles had not yet arrived.
Fitz wrapped his arms around his middle and rocked back and forth. "I think I'm about to be sick." He moaned, puffing his cheeks full of air then blowing it out and repeating it over and over.
Melinda smiled and patted his knee. "It's just nerves, baobei. You're going to be fine. All you have to do is tell the truth. Just take deep breaths and relax."
The boy shook his head and swallowed hard as his stomach clenched. "No, mom, really I'm about to be sick." He threw a hand over his mouth and looked at her in panic.
Grabbing his hand, Melinda rushed to the nearest restroom, making it just in time to get him to the first stall. "Better?" Melinda asked when Fitz stood and took a step back. He nodded once then shook his head and bent back over the bowl, sick again. After five repeats, there was nothing left to come up. Fitz breathed heavily and made his way to the sink. Melinda wiped his face with cool towels and had him cup his hands to catch water and rinse his mouth. She looked at his flushed cheeks and felt his head with her lips.
"I'm okay, mom." Fitz spoke with a shaky voice as Melinda dabbed the cool towel on his face again.
"Everything's going to be okay, Fitz. Daddy and I will be with you. You don't have to be afraid." Melinda assured him. The boy nodded, took his mother's hand and rejoined his father in the hall.
Melinda smiled as she walked toward Phil and recognized the small woman he spoke with. Sr. Mary Clair turned toward them and opened her arms. Melinda wrapped one arm around her, never letting go of Fitz with the other. The nun looked down at the little boy for a second before pulling him into a tight embrace.
There was a lot more activity in the hall now. People moved in and out of large doors, others stood in small groups speaking in hushed tones while others spoke in loud angry voices that echoed in the expansive hallway. The elevator door opened and closed at regular intervals emitting groups of people then taking others away. Fitz watched as two policeman led a handcuffed man past them and on down the hallway, disappearing around the corner. He tried to calm himself taking deep breaths and holding tightly to his mother's hand.
"Sister Mary Clair is going to stay with you, Fitz." Melinda was saying. It took Fitz a moment for it to register. He recognized the small stout woman smiling at him. She did not approach but stood near the bench they had been sitting on earlier.
"Where are you going?" He asked quickly, grabbing Melinda's hand with both of his as she lowered herself to the bench and pulled him in front of her.
"Mom and I have to go into the courtroom, Fitz." Phil explained, placing a hand on the boy's shoulder. "We think it would be better if you weren't there until they need to talk to you. Sister's just going to keep you company while we talk to the judge."
"But…but," Fitz started, blinking away the tears that were already falling. "What if…what if he comes and tries to take me?"
Phil dropped to the boy's eye level. "He won't. He can't. He's going to be in the courtroom Fitz. We'll be able to see him at all times. He won't be able to take you anywhere."
"I'm sure there's a room where we can wait." Mary Clair suggested as she stepped closer and reached for the boy's hand. "That way we won't be right out here in all this comotion."
The woman spoke from experience. She had spent many hours with children in the courthouse, those waiting for adoption proceedings and those who had been neglected or abused. She knew there were rooms set up especially for those children she was sure she and Fitz could utilize one while they waited. The clerks and secretaries were familiar with the little nun.
A slender young woman approached the small group and gave a slight smile. "It's time." She said softly. Phil looked up and gave a slight nod.
"I promise, Fitz. We will be right here and you will be safe." Phil wiped a tear from the boy's cheek and pulled him into a quick hug then stood and looked to Melinda. She wrapped her son in a bear hug and kissed him twice then gently pushed him to the nun standing next to her. Unable to speak and hold back her emotion, she smiled and took Phil's hand as they walked into the courtroom with their lawyer.
XX
"Your honor, my client is under the assumption that the boy was to be in the courtroom this morning." A tall well dressed barrister with the slightest British accent remarked.
Before the judge could respond, Alex Miles stood. "If it please the court, your honor, we thought it best the child remain outside the proceedings until his testimony is needed."
The sixty-ish judge took a deep breath and pushed his glasses up on his nose. He looked from one lawyer to the other and then to the ruddy faced man at one desk and the pale faced couple at the other. Looking over a form he held in one hand he asked, "Is the boy in the courthouse?"
"Yes, your honor. He is currently in one of the rooms reserved for juvenile witnesses, in the care of Sr. Mary Clair Reagan. I believe the court is familiar with her work with youngsters in the system."
"I don't see her mentioned in this order." The judge scanned the pages he held then looked over his glasses at Alex.
"It was last minute, your honor. The child is extremely distressed and has been physically sick since arriving. His parents…"
"I AM HIS PARENT!" Alistair Dunn spoke for the first time. Rising to his feet and pounding a fist on the table in front of him.
The judge banged the gavel twice. "Counselor, control your client." He warned the barrister calmly as the man placed a hand on Dunn's shoulder and spoke quietly in his ear.
Dunn scowled at the Coulsons as he dropped back into his seat. The courtroom fell into to silence waiting for the judge to make a decision.
"An officer of the court will join the boy and his guardian until such time as he is needed. He is to remain in the courthouse." He banged the gavel and turned to the Dunn and his lawyer. "Mr. Gordon, you may proceed."
Alex sat down and waited for the other counsel to begin. Gordon cleared his throat and tapped the forms he had been holding a few times before setting them down and stepping around the table."
"My client, Alistair Dunn maintains that his son was taken from his country and placed with an American couple without his permission. He also states he was not contacted or informed that the child had been abandoned by…"
"Objection, your honor, Ms. Fitz did not abandon her son. The woman had been the victim of a violent crime that my clients were instrumental in solving. The boy was considered an orphan by Scottish Social Service Council. The documentation has been submitted to the court." Alex stood and informed the judge.
A clerk rose and handed a few documents to the bench. The judge flipped through the pages. "Sustained. Mr. Gordon?"
The man hesitated for a moment before continuing. "Regardless of how the boy was left without his mother, there was no effort made to contact his father regarding this matter."
"Objection," Alex stood again. "The service council and the firm owned and operated by Philip Coulson spent months searching for information on the child. The name of the father was not known, nor was it documented on his birth certificate or any records completed by Emilie Fitz, named as his birth mother. Ads requesting information were placed in newspapers throughout the Glasgow and London metropolitan area. Again, your honor this is part of the evidence submitted by this counsel."
For the second time the clerk handed documents to the judge who scanned them and sustained the objection. During the next two hours the argument went back and forth as Gordon put forth reasons for Dunn's contesting the adoption and Alex presented evidence to contradict them. Phil and Melinda started to feel less threatened and hoped the judge would just throw the whole thing out and send everyone home.
Gordon paused for a moment and took a drink before continuing. He smiled at Alex and the Coulsons as he picked up a form from the table and turned to the judge. "Despite all the failed searches and lack of documentation, my client has been proven beyond a doubt to be the biological father of Leopold James Fitz, which is why we are here, your honor. I believe the court has a copy of the blood test and DNA swab that was done three weeks ago. The blood test does not rule out Mr. Dunn and the DNA test speaks for itself. Alistair Dunn is the boy's father and by law, both local and international, has the right to demand his child, who was taken from him illegally, be returned immediately." He passed the form he held to the clerk who in turn gave it to the judge.
Gordon turned and offered Alex a smug smile.
Phil wrapped his arm around Melinda's shoulders and gripped her hand tightly in his own. Both waited for the judge who examined two forms he held. The courtroom remained silent.
"Your honor…" Alex began and stopped when the man held up one finger. She looked to the Coulsons and took her seat.
The judge set the papers on the bench and peered at both parties. He drew a breath and gave what might be called a glare. "I appreciate your presentation of evidence, Mr. Gordon, however simply providing the biological means to create a child does by law give one the title of parent. It does not in any way express the ability of that same person to care for that child. Procreation does not make one a parent. I believe that is why we are here and I intend to hear all of the facts before I make any decision on what essentially is the rest of this boy's life. I will certainly take this paternity test result under consideration but I assure both you and Ms Miles that it will not be the sole deciding factor in this matter." The man drew a breath and looked from side to side before continuing. "Now, I believe you have both had the opportunity to provide opening statements. This court will recess until," he looked to the large clock on the wall opposite the bench, "Two p.m. I expect both parties here as defense will provide testimony at that time." With that statement he banged the gavel and all present in the courtroom rose until the man left the bench.
Dunn and his lawyer huddled in muffled conversation, both clearly aggravated by the judge's last comments. Alex, stacked her notes and files then dropped them in a large satchel and turned to the Coulsons with no trace of a smile. Before she could speak William Gordon stepped to the end of the table and roughly cleared his throat.
"Miss Miles," he began professionally. "My client, Mr. Dunn is hoping he will be meeting his son this afternoon. Should you choose not to produce the boy, I will be filing a complaint with the court.'
Alex took a deep breath. Phil stood before Melinda had the chance to accost the young lawyer. "Mr. Gordon," Alex replied as she slid her satchel from the table and held it in front of her with both hands. "Fitz is a very sensitive, not to mention traumatized child. He does not know your client and right now is terrified that he will be taken from the only family he's had for the last eighteen months. I'm sure both you and Mr. Dunn understand if the boy is hesitant to make contact. I assure you that he is here in the courthouse and will be in the courtroom when needed. If Mr. Dunn feels the need to antagonize a small boy even further by demanding he be made to sit through testimony no child should be witness to, then by all means file your complaint." She gave a curt nod then slipped past him to join the Coulsons as they exited the courtroom.
XX
Most of the afternoon's testimony came from the people who knew Fitz or who were aware of the circumstances leading up to his coming to be a Coulson. Hunter, Bobbi, Mack and Elena took their turns on the stand regaling the horrid tale of James Grant and the nightmare he brought to Fitz and his family. Dr. Stephens testified to Fitz's health problems when he first arrived, his battles with respiratory illnesses and the surgery she suggested to alleviate the problem. She also gave her expert opinion on why at age ten, Fitz was more the size of an eight year old, citing years of malnutrition and less than satisfactory living conditions as the cause. When asked, she stated she was sure he would, with the care he now received, catch up to children in his age group.
Fitz's therapist and the school counselor both gave testimony as to the changes in Fitz in the time they treated him. Both talked about nightmares and disruption in sleep patterns that were slowly overcome in the months the boy saw both or either of them and both agreed the patience and understanding of Melinda and Phil Coulson greatly influenced the improvement. Both also agreed and were adamant in the fact that removing the boy from his present environment would be an enormous setback. Several of Fitz's teachers also appeared, testifying to the concern and involvement of the Coulson's in Fitz's school life.
All of the witnesses stood up to cross examination without wavering in their opinions and statements. Affidavits were presented from several social workers in Glasgow who had assisted in the adoption proceedings and search for Fitz's family there. Pastor Geoffrey Miller of St. Andrew's Church in Sheffield submitted a lengthy affidavit documenting his time with the Coulsons during their stay in England. Gordon posed no objection to any of them.
By four thirty the judge seemed restless. Alex feared he would adjourn for the day forcing Fitz to spend another day of anxiety confined to a small room without his parents. The little boy was allowed to leave with them for lunch and fell asleep with his head on Melinda's lap in the juvenile witness room an hour later. Sr. Mary Clair sent word into the courtroom via one of the bailiffs that the boy had once again become physically ill and vomited the little he had eaten for lunch. The judge ordered a doctor be sent to the room. Luckily, Maura Stephens was still in the courthouse at the time. Finding no medical reason for Fitz's upset tummy, she prescribed small sips of ginger ale until he could go home to his own bed with lots of mom's TLC.
"Your honor," Alex stood and addressed the court. "I realize the hour is late but I move that we heard testimony from Leopold Fitz before you adjourn for the day. The boy has been here all day and is extremely anxious. I am sure opposing counsel would agree that the sooner we hear from Leopold the better it will be."
The judge looked at the large clock and then at his wristwatch. He tapped it a few times. "Does the plaintiff agree?" He looked to Gordon and his client.
Gordon stood. "We have no objection to this motion, your honor. However, should it become too much for the boy we stipulate that he be brought to the stand again tomorrow morning."
The judge looked now to Alex who quickly agreed. He turned to the bailiff at the courtroom door and gave a curt nod. The man nodded back and exited the room. The judge banged the gavel. The clerk stood and spoke as if announcing an entrance. "The court calls Leopold James Fitz to the stand."
Melinda felt her breath catch as the large double door opened at the rear of the court and Sr. Mary Clair entered, leading Fitz by the hand. It was everything she could do not to run to him. Phil squeezed her hand so hard it hurt, but not as much as the pain in her chest. Fitz looked to his parents as he passed and walked toward the large chair on the witness stand. The nun walked him all the way until he was seated. Melinda choked back a sob at how small he looked, how vulnerable he was in that seat.
"Good afternoon, young man," the judge actually smiled at the boy as he motioned for Sr. M. Clair to return to the gallery.
"Good afternoon, sir," Fitz spoke a hair above a whisper.
Again the judge smiled. "Can you tell me your full name son?" He asked.
Fitz nodded his head, keeping his gaze directly on Phil. He refused to look to the right, at the man who would try to take him from the one he considered the only father he'd ever known. "Leopold James Coulson Fitz." The boy answered, stressing the name given to him by another judge not so very long ago.
"That's quite a name for a little fellow." The judge remarked to which Fitz did not respond. "But, I understand you like to be called Fitz." The boy nodded. "Can I call you Fitz?" He nodded again. "Okay, Fitz but you have to answer with words. Do you understand that?"
"Yes, sir," Fitz answered shakily.
"Do you know the difference between the truth and a lie, son?" The judge asked calmly.
Fitz nodded again then quickly added, "Yes, sir but my Da told me not to be long winded so I will say that the truth is when you tell exactly the way things are or were and a lie is when you make things up to change how people see what really happened…" He stopped himself there, knowing he could elaborate much more. A quick wink from Phil made the boy smile slightly.
"That's good, Fitz. Do you know what happens to people who lie in this court?" The judge inquired.
Fitz looked down at his hands that lay in his lap. He interlocked his fingers then separated them and set one hand on each knee. "Lying under oath is called perjury and carries a monetary fine of five thousand dollars plus a term of not more than ten years of incarceration."
The judge raised his brows and nodded at the little boy's swift and accurate answer. He smiled again. "Well, I don't think you'll have to worry about that because I understand that you made an oath to tell the truth. Do you know what that means?"
Fitz nodded as he answered. "Yes sir, an oath means to swear a solemn promise to tell exactly the truth. But not swear like using unacceptable language." He quickly added earning a soft chuckle from the court.
The judge looked to Gordon who nodded his acceptance of Fitz's intent to tell the truth. He then looked to Alex. "Your witness, Ms Miles."
Alex put on her best smile and approached the stand slowly. "Hello, Fitz," she began. "I understand it's been a rough day for you. How are you feeling?" She ignored Gordon tapping his pen lightly on the desk behind her as she established an easy rapport with the boy.
Fitz tried to hide the blush on his cheeks and kept his head down. "I feel okay…now." He mumbled.
"That's good to know," she smiled again. "But you need to let us know if you start to feel ill again and we'll stop. Okay?"
The boy nodded then quickly looked up at the judge. "Yes, I understand." He answered rapidly.
Alex turned toward the plaintiff's table getting a quick nod from Gordon. She nodded back then faced Fitz again. "Fitz, I'd like to talk to you about your mom. Would that be okay?" The boy immediately made eye contact with Melinda. The lawyer followed the boys gaze then quickly clarified her statement. "I mean your birth mother, Fitz. Are you familiar with that term?"
Fitz nodded. "Yes, ma'am. You want to talk to me about my maw, Emilie."
"Yes, that's right." Alex nodded. "Can you tell me where you lived with your maw, Fitz?" Alex began, using the boy's term for his mother.
"We lived in Busby?"
"Always?"
"Yes ma'am."
"Do you remember your address there?"
Fitz hesitated, unsure how to answer the question, unwilling to betray his maw. "We had a lot of places." He mumbled. "We dinna stay in one place very long." He shrugged his shoulders.
"Okay, then, tell me, did your maw have a job?"
Again the boy hesitated, squirming in the oversized chair. "She was a waitress for a bit but she got sick a lot so she got sacked. She helped out in the shops for a bit, but…" He stopped knowing he'd gone too far. His mother had been caught stealing from a pharmacy and arrested. She took a bottle of cough syrup for her suffering boy. The officer was soft hearted and offered to pay for the item, then accompanied Emilie to the shelter she was staying at with Fitz just to be sure. But the owner would have none of it and again Emilie was without employment.
"But?" Alex urged. Fitz shrugged his shoulders.
"I got sick and she had to take care of me." He lyed a little, but part of it was the truth. She did steal to take care of him.
"Did your mother leave you alone when she went to work?" Alex changed the subject.
"Sometimes, but mostly she worked when I went to school." Fitz replied with just a hint of anger brewing in his voice. Melinda shook her head, letting him know it was not acceptable.
"Did she work at night?"
"No, ma'am. We were together at night. We used to look at the stars." The boy smiled at the memory as the anger lessened.
"So your mother never left you alone?"
"Once she got very sick and had to go to the hospital for a few days but I wasn't alone. I stayed with Micki." Fitz spoke just above a whisper.
"Micki?" Alex moved to the table and flipped through her notes then looked to Phil and Melinda. Both shook their heads.
"She was my maw's friend. Her flat smelled like cigarettes and cats. It was not a pleasant experience." The boy crinkled his nose as he spoke.
Alex grinned at the boy's description and attempted to gain more information before Gordon realized this was not something she expected. "Did your maw work with Micki?" The lawyer asked hoping to find a clue to this new person's identity and relationship to Emilie Fitz.
"No," Fitz almost laughed. "Micki just helped her a bit sometimes when she was sick. She could get the medicine that helped my maw feel better. But she moved off to Edinburgh. We didn't see her after that." The boy stopped himself, remembering the appearance of James Grant not long after Micki disappeared. He wondered, for the first time, if maybe Micki never moved at all.
Alex's questioning continued and established the fact that although Fitz and his mother did not by any means live an easy life, the woman did her best to care for the boy. It wasn't until James Grant entered the picture that things changed. The lawyer did her best to avoid that topic.
"Okay, Fitz," Alex smiled. "Are you okay? Do you need a break?"
Fitz shook his head. Answering the lawyer's questions was better than imagining what it would be like to do so. He just wanted it to be over although a quick look at the clock told him that would not be the case.
"Fitz, can you do me a favor?" Alex asked, causing the boy to shiver with anticipation. "It's an easy favor and you won't have to do it if you don't think you can."
The boy took a deep breath and exhaled loudly. "I'll try." He answered.
"Can you look toward the table to your right and tell me if you recognized anyone there?"
"Objection, your honor!" Gordon shouted, causing the boy to jump. "It has already been established that the boy has not met Mr. Dunn. There is no reason for this line of questioning."
"Your honor, I understand that Mr. Dunn has had no formal contact with his son. However, it is possible the boy has seen him in passing. Mr. Dunn claims to have spent time in Busby and London in his attempt to find his son. He has even claimed to have spoken to Emilie Fitz on two occasions."
The judge looked to both lawyers. "Over ruled," he spoke calmly. "Continue, Ms Miles and please hurry this along."
Alex nodded at the judge and turned back to Fitz. "Do you think you can do that?"
Fitz swallowed hard and looked to Phil who gave a very subtle thumbs up. "Yes, ma'am." The boy looked slowly to the right, eyeing the lawyer first and then making eye contact with the ruddy faced man who sat next to him. Fitz couldn't help staring at the man's tightly curled hair, despite how short it was trimmed. The boy's maw had poker straight hair and he never questioned it and never told her how much he feared any man with so much as a wave to his locks. He stared into the narrow, pale blue eyes that matched his exactly. Fitz could hear his own heart pounding in his head. He attempted to look at Melinda and tried to slow his breathing like she had taught him and his sisters to do when their fears threatened to overtake them.
Alex stepped between Fitz and Dunn, cutting off the glare that the little boy could not seem to break. "Do you recognize either gentleman, Fitz? Have you ever seen either before?"
"No ma'am." Fitz answered in a breath, still trying to slow his rapid breathing.
The lawyer turned toward the judge. "I have no more questions for this witness, your honor, but I do reserve the right to recall him should it become necessary."
Gordon stood, ready to begin his cross examination but was stopped by the banging of the gavel. Fitz jumped at the sound. "Mr. Gordon you will have to wait until tomorrow. This court is in recess until nine a.m. tomorrow morning." He banged the gavel again then turned to Fitz. "Young man you are free to join your parents." The judge banged the gavel then stood, as did the entire court, as he left the courtroom.
Fitz did not wait for Alex, he bolted from the stand, passed the table and wrapped himself around Phil before Gordon and Dunn took a step. Phil lifted the boy into his arms and Fitz clung for life. Melinda placed a hand on his back and kissed his cheek.
"I want to go home, Momma." He whispered, not caring that his father heard him use Skye's baby term for their mother.
"One stop, little man," Phil assured him as he eyed Alistair Dunn then moved out of the courtroom with his wife and son.
XX
Melinda pulled a light blanket over Fitz who'd fallen asleep on the small leather couch in her office. She kissed him softly then walked through the door that joined her office to her husband's. Phil stood sans his jacket with sleeves rolled to his elbows and his tie hanging loose around his neck. He stopped mid sentence as she entered.
"He's asleep, so let's keep it down." Melinda spoke softly as she stepped next to her husband.
Phil nodded before continuing. "Hunter put everyone you've got in London on finding anything on this Micki. Fitz has never mentioned her before. We'll see what he might remember tomorrow. He's done with questions for today."
Hunter shook his head. "We're gonna need more than just Micki."
"I'm sorry Hunter that's all we've got so shake your ass and get on it!" Phil spoke with tempered anger, as his voice rose.
Hunter held up a hand and smiled. "I didn't say we couldn't do it." He gave a nervous laugh. He reached for his phone then stopped and smacked his lips once. "You do realize it is only two a.m. in London." He stated.
Phil moved close and poked a finger into the man's shoulder. "Then wake someone up!" He over stressed each word.
"Phil," Melinda spoke softly as she laid a hand on his shoulder. He turned to her hoping to mask the feeling of helplessness about to overtake him. She looked to Hunter who merely nodded and stepped back.
"I'll get right on this, boss. We won't let you down." The man calmly assured Phil as he looked to Bobbi who nodded as well.
"They're doing the best they can, Phil." Melinda sighed as she rubbed a hand up and down her husband's arm.
He was frustrated and she knew it. They had both hoped this whole thing would be over quickly, but today's slow moving testimony seemed a harbinger of the trails yet to come. This whole Micki thing could just be a waste of everyone's time and did they want to waste that time. So far the judge seemed a bit hostile toward a man that waited ten years to try to find his son even though Dunn claimed to have been looking the whole time.
"We've got something," Mack exclaimed as he burst through the door with Elena a few steps behind.
"Shhh," all four occupants admonished.
"We found something," the large man almost whispered as he looked around wondering why the odd greeting. Hunter jerked a thumb toward Melinda's office then closed his eyes and laid his head on his prayer-folded hands. Mack nodded his understanding.
"Dunn says he tried to make a deal with Emilie on February twenty seventh and twenty eighth in nineteen ninety four." Elena dropped a stack of paper on Phil's desk with a smile.
Mack tapped his finger on the stack. "These records show Dunn was in Australia from January through April of that same year. In fact on those two dates he was sleeping it off in the custody of the local constabulary after taking part in some pub brawl that they're pretty sure he started."
Phil stared at the man for a moment before picking up the forms and scanning the information himself. A wary smile grew across his face as he turned toward the group still holding the forms. It wasn't much, but it was a sliver of hope.
"Mom?" Fitz shuffled into the room, ignoring everyone but his mother.
"Baobei, I thought you were sleeping." Melinda crooned as she wrapped an arm around him.
"Your sofa smells odd, like a nasty cleaning solution." He yawned and rubbed one eye.
Hunter let out a snort as Bobbi stifled a snicker.
"I'm sorry, bao bao. Maybe we should get you home to your own bed. It's been a long day." Melinda smiled as she pulled him into a hug. Phil nodded as he reached for his jacket.
"I think we all need some rest. We'll pick this up in the morning." He nodded to his team and followed his wife and son to her office.