PART 4

"Good morning, Leopold." William Gordon greeted the young boy who had already been reminded he was still to tell the truth.

The morning had gone a bit smoother than yesterday, although Fitz refused any breakfast at all. He still took small sips of the ginger ale his pediatrician had suggested. Phil and Melinda decided not to force him and allow this small consideration due to circumstances. The family arrived at the courthouse a few minutes later than they had day before and were ushered immediately into the courtroom. Not having to spend that time anxiously waiting in the hallway helped calm the small boy.

"Good morning," Fitz answered the lawyer. "I don't like to be called Leopold." He informed Gordon.

The lawyer smiled and turned back to Dunn. "That is your name, isn't it?" He asked the boy.

"It is, but no one's ever called me that, except teachers." Fitz explained.

Gordon smiled a wide smile at his client and turned toward the boy. "Did you know your grandfather's name was Leopold?"

Fitz shook his head. "No sir, I dinna know my granddad."

"Perhaps you were named for him?" Gordon prodded.

Again Fitz shook his head. "No sir, I don't reckon I was and no one calls me that, not even my teachers."

"How about just Leo then?" Gordon suggested.

"I'm called Fitz." He answered.

"That wouldn't be your name at all, son. I believe you'd be Leopold Dunn. Children are generally given their father's surname." Gordon informed the boy.

Fitz squirmed in his seat and shook his head as he narrowed his eyes at this man he suddenly did not like. "No sir, Fitz was my maw's name and she gave it to me. It is my name. My Da's name is Coulson. I have his name too." The boy's stubborn streak was beginning to rear its head.

"Very well, Fitz." Gordon relinquished for sake of argument. "Tell me what if anything your mother told your about your father." Gordon asked the boy. His tone remained serious.

"My maw never talked about him." Fitz answered honestly.

"Did you ask?" Gordon continued.

"No sir," Fitz replied.

"You never once asked about your father? Never wanted to know anything about him or…"

"Objection, your honor," Alex stood. "The question has been answered."

"Sustained," the judge agreed. "Move on, Mr. Gordon."

Gordon moved to the table where Dunn sat, turned and tapped the corner of the same with one finger. "How many men did your mother see, Fitz? Did she have a lot of man friends?"

"Objection," Alex snarled. "The witness is only ten years old and was only eight when he lost his mother. This is not a subject to be discussed with a child."

"Your honor, the boy would have been the only witness to the company his mother kept." Gordon countered.

"He has already testified that he and his mother were always together during the night." Alex reminded him.

"And we all know that inter…" he looked at the boy who sat wide eyed watching the argument. "Interactions such as these can occur in daylight as well as the evening." Gordon softened his comment for the child's sake.

The judge considered both sides as the lawyers stood and waited for his decision. "Over ruled," he remarked then turned toward Fitz. "You may answer the question, young man."

Fitz blinked a few times and considered what was being asked. He cleared his throat twice. "She had friends that were men now and again." Fitz spoke quietly.

"Did these men live with you?" Gordon went on.

"No, sir" Fitz answered quickly.

"Did you live with them?" The lawyer tried another approach.

"No, sir" Fitz repeated.

"Objection, your honor," Alex stood again. "Emilie Fitz is not on trial here. How she lived her life has no bearing on Mr. Dunn's claims."

"I am attempting to show the woman's lifestyle and how it led to her keeping the boy a secret from his natural father, your honor." Gordon explained.

"She never made me a secret!" Fitz shouted as he stood pounding his small fist on the rail that bordered the large chair in which he sat. "She did not keep company with the likes of him," he nodded toward Dunn, "or anyone like him!"

The judge banged the gavel several times as Melinda and Phil jumped to their feet and Alex approached the stand. "Order!" The man shouted over the rabble. "Young man, you will control yourself and limit your responses to answering counsel's questions only." He admonished Fitz as the courtroom quieted.

"He's implying my maw was a bad person!" Fitz shouted as he pointed toward Gordon but refused to be seated. "My maw was sick and I took care of her. The only man we ever shared a flat with was that damn bloody Jamie Grant and I'm glad he's dead. I hope he burns in Hell for what he did to my maw!"

The judge banged the gavel again. "Ms. Miles control your client or I will clear this courtroom." He banged the gavel again. "We will take a fifteen minute break to see if we can calm everyone." Again the gavel slammed against the bench a moment before the judge rose and exited.

Fitz glared at Gordon breathing heavy through puffed cheeks. Alex moved to the stand and offered the boy a glass of water which he pushed away. "I don't want to talk to him anymore." Fitz snarled.

"Okay, Fitz, how about we take a little walk and take a few breaths." Alex suggested.

The boy looked to his mother noticing for the first time her look of disapproval. He grasped the rail tightly with both hands, swallowed hard and took a deep breath. "Can my mom come too?" He asked trying to quell his anger, speaking to Alex but looking directly at Melinda.

Alex looked over her shoulder then back to the boy. "No, Fitz, she can't. The court would not approve that. She might influence what you say." She kept her voice even.

"I don't want to walk." He let out a long breath. 'I'll just sit here then. I will be calm, but I still don't want to talk to him." He dropped back into the chair and moved only his eyes toward the other lawyer. Alex offered the water again. He took the glass and gulped the water twice then took a deep breath and sipped it slowly. Setting the glass on the rail he chewed his lip for a moment then asked quietly without raising his head. "Am I in trouble? I am fairly sure the judge is cross with me." He looked up once then back down. "I know my mom is." He last comment was made barely above a whisper.

"No, no Fitz. Everyone gets upset sometimes especially in times like this, even adults, but we take a break and start again." Alex smiled. "Mr. Gordon is trying very hard to get you to remember how things were with your maw."

"I remember everything." Fitz sighed, wishing that he did not.

Alex patted his hand in an attempt to offer comfort. "I know that, Fitz, but he is trying to get you to remember things the way he wants the judge to hear them."

Fitz looked toward the other lawyer who was bent close to Dunn in some hushed conversation. "Isn't that the same as lying?" The little boy asked. "Does he want me to lie?"

Alex shook her head. "No Fitz, he wants you to tell the truth. We all do."

"I am telling the truth. Why does he keep asking me the same damn things over and over? Does he think I'm lying? I don't know how to say what he wants me to say." Fitz shook his head and blew out a long breath trying to understand the workings of jurisprudence.

"I know it's hard for you, but it's almost over. You need to take a few breaths and calm down, let me do the yelling. Okay?" Alex smiled, bending down to look into the boy's eyes.

The boy peaked around her and took another deep breath. "My mom is upset. Would you please tell her I'm sorry." He mumbled without looking Alex in the eye.

The lawyer nodded. "I will make sure she knows, Fitz." She handed him the glass of water again which he sipped slowly.

After the short break, the judge returned. He directed Gordon to continue and warned everyone that another outburst could mean penalties for both sides.

"Feeling better?" Gordon asked as he approached the boy on the stand.

"Yes," Fitz answered calmly.

"I'm sorry my questions upset you." Gordon stated just as calmly.

Fitz eyed him carefully before answering. "I don't believe you." He looked up to see his mom narrow her eyes and shake her head the sat back in the chair and took a deep breath. "I think you meant to make me angry, but I will be more careful. I will try not to be upset with your questions."

"Well then, how about we talk about something else?" The man stifled a laugh. When Fitz did not respond he continued. "Tell how you met Phillip Coulson."

Fitz looked at the man for a moment. "I met him on the street in London."

"How did you meet?" He prodded.

Fitz let out a slow breath and told the story of how he had tried to pick Phil's pocket and got caught. How Phil took him in and tried to find his mother. He left out no details in his short story.

"So Phillip Coulson took you from London without your mother's permission?" Gordon implied.

"I wouldn't tell him who she was. I wouldn't tell him anything" Fitz shrugged. "He could have just had me locked up or tossed me off to the social service, but he fed me and gave me a place to sleep."

"Werent you afraid when this stranger whisked you off without warning?" Gordon accused.

Fitz thought for a moment before replying. He shook his head. "I was a bit leery of the whole thing, but I was more afraid of Jamie Grant and what he might do to me."

"Did Mr. Coulson threaten you?"

"No, sir."

"Did he hurt you or force you to do anything you didn't want to do?"

Fitz paused for a very long time scrunching his face in concentration.

"Do you need me to repeat the question?" Gordon asked as he turned toward the Coulsons and smiled swarmy smile.

The boy squirmed a little but remained silent until the judge leaned toward him. "You must answer the question, son." He spoke quietly.

Gordon turned back toward the stand, allowing Fitz to look his father in the eye. Phil smiled and Fitz took a deep breath and dropped his gaze to the floor. Gordon smiled again, confident he had found something he could use against this seemingly perfect family.

"He made me take a bath and I had to wear Jemma's clothes because he tossed all of mine in the trash bin." Fitz could feel the heat on his cheeks and refused to raise his head. His words were mumbled into his chest.

"I'm sorry Fitz, but we can't hear you when you don't speak up." Gordon warned.

"I said he threw my clothes in the trash bin and made me take a bath. I had to wear Jemma's clothes while they went to the shops to get me more." Fitz explained. "My da said I smelled quiet rancid, but Grant wasn't much for personal hygiene."

Gordon let out a frustrated sigh. "How long did Mr. Coulson force you to stay in Sheffield?"

"He didna force me to do anything," Fitz started to yell but lowered his voice and continued. "After a bit, I wanted to stay with them. They were good to me…even Jemma." He added with another blush.

"Did he make any attempt to contact your parents?" Gordon asked again.

"Objection, the boy has already told counsel he did not give the Coulsons any information."

"Sustained" the judge replied.

"Let me asked then Fitz, did there come a time that you told the Coulsons about your parents?"

Fitz frowned again. "I told them about my maw and about that bastard Grant. They were tried to find my maw after I told them everything that happened."

Gordon continued to question the boy on how Phil came to get the information and how long it took for the man to find Emilie. Fitz gave as much information as he could as Phil and Melinda protected him from most of the ugly details during the investigation. Gordon moved on asking the boy question after question about his home life and the tragedy that was James Grant. Melinda held her breath as her little boy answered questions about the man that nearly took his life.

"And your parents had no idea what you were planning?" Gordon asked as Fitz described his jaunt into the city on his own.

"No sir, I gave them no reason to suspect what I was about to do. That was part of the plan." Fitz replied with a shake of his head.

"And what if anything did your parents do afterward?" Gordon urged the boy to continue.

"We were all punished for doing something so very stupid." Fitz mumbled.

"Obj…" Alex began but was cut off by Gordon.

"Your honor, I am merely trying to show that the Coulsons are quick to use physical punishment…"

"Doctors, counselors and teachers have all testified that the Coulson children are not abused in any way." Alex retaliated.

"I am more than satisfied with that testimony, Mr. Gordon. This young man has been on the stand for almost two hours. I suggest you finish your cross examination and move on. We have all read the documents in the case of James Grant and are familiar with the facts. There is no need to have this child continue. I myself am more than satisfied with Fitz's testimony so unless you have something that will shed even more light on this case, please conclude." He banged his gavel. "Objection, sustained."

Gordon looked as if he was about to growl, but instead stormed back to the table and scanned a few documents on it. He looked up at Fitz stating he had no more questions and the witness was excused.

"Redirect, Ms Miles?" The judge asked Alex.

Alex approached the stand and smiled at the little boy. "Just a few more questions, Fitz." At the boy's nod, she continued. "I noticed you used a few…let's call them 'not so acceptable' terms during your testimony." Fitz chewed his lip and hung his head. "Are you afraid you will be punished?"

Fitz sighed and shook his head. "No, ma'am, I'm afraid I've disappointed my parents."

"Are you afraid of your parents, Fitz?" Alex asked.

"No, ma'am," Fitz shook his head rapidly. "I'm afraid of being taken from them."

Alex nodded. "Thank you, Fitz." She turned to judge and concluded, "I have no more questions for this witness, your honor."

Fitz sat for a moment, waiting for someone to give him permission to leave. He looked to the judge. "You may step down, son." The older man smiled.

"Can I go to my mom?" Fitz asked quietly as he stood. At the judge's nod he moved around the railing that stood between him and the court then rushed to Phil and Melinda wrapping his arms around his mother and squirming to sit between his parents.

"Your honor, at this time we would like to request the court order the Coulsons to allow Alistair Dunn visitation with his son. It is clearly apparent that they are influencing the boy's opinion and judgment of a man he has spent no time with and has not had the opportunity to get to know. In that same sense, your honor, if this cannot be granted I move that the boy be placed in the care of social services until such time as a decision is made by this court." Gordon demanded.

"Your honor, we have no objection to Fitz having a supervised visit with Mr. Dunn however to remove him from his home and away from his parents and siblings would be detrimental to his emotional and more than likely physical state. The boy has been having stomach issues since yesterday and should not be with strangers should he become ill." Alex defended.

"Mr. Dunn has just as much access to medical care as do the Coulsons. If the boy becomes ill he can contact a physician or seek care at an emergency room." Gordon argued.

The judge held up a hand, clearly frustrated with the entire argument. He spoke quietly and calmly. "I do not believe this is an issue that can be decided without careful deliberation. Therefore this court will recess for the next two hours. During that time I will consider the arguments of both sides and deliver my decision when we reconvene. Until that time the child will remain in the custody of his legal parents." Gordon opened his mouth to object but with a bang of the gavel the judge had spoken. He rose and exited.

Dunn rose as the door to the judge's chamber's closed. He pointed at the Coulsons, speaking out for the first time. "You will not keep my son from me. He is my blood and I will not stop until he is at my side." The man's tone was harsh and threatening. Gordon moved to stand before him, silently attempted to calm the man. He shoved the lawyer aside as Melinda wrapped an arm around the trembling boy next to her and Phil stood to shield them both. Alex moved to do the same.

"You have no right to my boy, no right. You cannot keep him from me. No one can take away my God-given right. I fathered that child and that bitch kept him from me, you'll not do the same!" He continued as Gordon forced him backward, still trying to silence his tirade. Fitz turned into Melinda, squeezing her tightly. Two court officers summoned by the bailiff entered the courtroom and physically removed Dunn, with his lawyer close behind. The man's tirade continued until the doors closed behind him and even then he could be heard ranting in the hallway.

Gordon stopped in front of Phil. "I apologize for my client's outburst. He has been under undue stress being kept from his son for so long." He offered a sideways regret.

"This does not bode well for your client, Gordon. Don't think the court won't be aware of this outburst and how it has affected young Fitz." Alex shot back before Phil could speak. She had stepped between them clearly cutting off her own client's need to retaliate.

Gordon let out a hot breath through flared nostrils and followed his client into the hallway. Alex turned to Melinda sliding into the seat next to her and laying a hand on Fitz's shoulder. The boy jumped and pulled closer to his mother. She pulled her hand back and apologized to Melinda with just a look.

"We'll take the side exit." She whispered as she stood.

Phil nodded and waited for his wife to stand with their son still wrapped tightly around her.

XX

Rather than taking their son out of the building the Coulson's joined Alex in what seemed to be an employee or perhaps lawyer's lounge. They ordered a quick lunch that was delivered by a local deli, a lunch that no one really ate least of all the little boy who was now on the verge of hysteria.

"You promised, Da, you promised you wouldn't let him take me." Fitz sobbed from the chair where he sat digging his fingers into his father's jacket sleeves. Phil squatted at eye level in front of him.

"I will do everything in my power to keep that from happening, Fitz." Phil tried to explain. "But, we have to follow the judge's orders. He makes the rules."

"Why?" The boy demanded, wiping his nose quickly with the back of his hand. "He doesn't know us. He can't just tell you you aren't my Da!" The boy squeaked. "I don't care if he makes the rules. I won't obey them. I won't." He balled his small hands into fists and pounded them on his own knees.

Phil placed his hand around both and squeezed gently. "Let's hope it doesn't come to that." He looked up at Alex who could not offer anything positive.

"Maybe we should send him home." Melinda suggested as she sat and pulled the boy into her lap, trying desperately to console him. "I'm sure Mack or Hunter will come for him, Phil."

Before Phil could agree, Alex shook her head. "We can't do that, Melinda. It would be considered keeping Fitz from complying with any order. The judge would send court officers for him which would only make things worse."

"What is wrong with these people?" Melinda spoke through her teeth, trying to hold on to the edge of her temper. "Can't they see what this is doing to him?"

Alex let out a long breath. "Unfortunately, we are dealing with the law and not with how anyone feels. If the judge finds for Dunn we can only hope that he insists on a court supervised visit. I will motion to have Sr. Clair be Fitz's advocate and be present during any court appointed visitations."

"And worse case scenario?" Phil asked quietly, staring into Melinda's eyes as she held their son who sobbed quietly.

The lawyer shook her head. "He could order Fitz into foster care until the case is decided."

Phil felt his stomach clench. He excused himself quickly and sought out the nearest rest room.