The next day Amy came to their house for dinner as planned. She brought a bottle of wine and handed it sheepishly to Callie apologizing for making her feel uncomfortable yesterday. Callie graciously accepted her apology and just jokingly said " Ari is so gorgeous , cant blame you for hitting on her". They all laughed at this though Arizona was also blushing slightly. Over dinner and wine the three women discussed the case." So how do you feel about the case Amy" Callie started. Amy hesitated a bit before answering " Well on the surface I'm not overly optimistic but this is a highly emotional case which could get resolved in an unorthodox way". " In other words we don't have a chance , is that what you are saying?" Arizona asked with tears in her eyes. Amy gave her arm a reassuring squeeze and said " Not really but it wont be easy , I think you two know that already". Arizona nodded saying " We gathered that much from what the social worker said . But dammit this doesn't make sense. That woman is a junkie and a child abuser, how can she even be considered to be Bernie's custodial parent?" Amy sighed and said " Because she's his natural mother". Callie let out a rueful laugh" Everyone keeps on saying that but is that really enough?". " No , but if he were your son , wouldn't you want every chance to keep him , no matter how messed up you were" Amy tried to reason. Callie sighed " but what about what's good for Bernie?" Amy gave a slight smile before answering " That's going to be our best argument. If you don't mind I want to meet Bernie. I think the biggest part of our case is going to hinge on Bernie's sorroundings here and Bernie's interaction with you so I need to see that so I can make the best case possible". They invited her for Christmas lunch in a couple of day's time so that she could see Bernie spending time with them.
Bernie seemed a little annoyed and scared when they mentioned that another grown up would be joining them for Christmas lunch. Arizona just smiled at him and said " Don't worry , she is not a cop". Bernie sheepishly smiled and asked "How did you know that was what I thought?". Arizona ruffled his hair and laughed" Because I know you , my little munchkin , now lets go get you ready". They shared Christmas lunch in peace and for the first time in Bernie's life he had the kind of Christmas children dreamed of. There were presents stacked high in boxes , games and puzzles ,a bright red fireman suit with a hat for him to wear and even a new sweater for his teddy bear. Callie had dressed up as Santa bringing a huge smile to Bernie's face. At night as they were tucking Bernie into bed he sadly asked " Do you think she can help us?" . They had explained to him who Amy was and what she was going to do. Callie gave him a hug and said " I really hope so Bernie, we'll see". " What if she cant do it" Bernie said worriedly. " Then we'll kidnap you and hide in the mountains" Ari teased him and his eyes sparkled at hearing that. As they were leaving the room Arizona asked Callie in a small voice " Cant we kidnap him". Callie took her into her arms and they tried to reassure each other that they would never lose Bernie.
A few days later was the day of the hearing. Callie and Arizona tried to make sure Bernie was ok before they headed to the courthouse. " Are you scared" he asked them. Callie answered with a small smile " A little , are you?" . "Yeah , a lot. What if she hits me ?" his blue eyes were filled with terror. Arizona held him close and said in a reassuring voice " We wont let her". " What if she takes me away" he continued still scared. " She wont " they reassured him but this was the question that haunted both Callie and Arizona …..what if they let her take him away. They couldn't promise him that this wouldn't happen and they didn't want to lie to him. They had already told him that if they lost they would appeal it , if that was what he wanted and if he wanted to be with his mommy that was okay too. It tore their heart out to give him that option but they didn't want to steal him from his own mother. They wanted him to come to them with an open heart. Arizona kissed his cheek and said " It'll be alright sweetheart , you'll see".
Outside the courthouse Amy , Mark , Cristina and Bailey were waiting for them. Callie and Arizona looked very respectable in black and pale blue woolen dresses. They had bought Bernie new clothes especially for the occasion , little black slacks with a matching jacket and a pale blue turtle neck sweater which accidentally matched Arizona's dress. Arizona and Bernie looked very much like mother and son with their blonde hair and blue eyes.
The hearing took place in a small courtroom and the judge entered , wearing glasses and a quiet smile. He was a man in his early sixties and was widely admired for his fairness and kindness to children. He had profound respect for children and natural mothers and often encouraged women to think over their decisions before they gave away their babies. He looked at the two doctors and Bernie with interest but a few minutes later his attention was diverted to a tiny , fragile looking young woman who entered the courtroom with her attorney. She was wearing a grey skirt and a white blouse and looked more like a school girl than a drug addict or thief. They then learnt that she was only 24. She had a kind of fragile beauty and looked like the kind of girl who couldn't take care of herself. One would want to instantly cherish and protect her. Callie and Arizona thought this was why Bernie felt sorry for her even after she beat him. He wanted to help her instead of expecting her to help him. The judge stressed before the proceedings began that everyone's goal was the ultimate good of the child. The judge offered the option to have Bernie removed , but Callie and Arizona had already discussed it with him. He had said he wanted to be there. They noticed that he never let his eyes look towards his mother , as though he was afraid to acknowledge her presence. He kept his hands in Callie's and Arizona's and his eyes towards the judge.
The opposing attorney called Bernie's mother as his first witness , it was then that Callie and Arizona realized what they are up against. A sweet face , a soft voice , a sob story from beginning to end and the assurance that this time she had learnt her lesson and how she had read psychology books to learn more about herself and how to help her son. Amy put on record that she would cross examine later so the next witness was called. It was a psychiatrist who had examined Bernie's mother and declared her to be a warm young woman who had had an unfortunate youth. He felt that she had no intention of hurting her child but had been under enormous pressure financially. The opposing attorney also called a doctor who attested to the mother's health and to the fact that she was no longer addicted to drugs .Last of all he called a priest who had known the mother for years and had in fact baptized Bernie. He said he felt absolutely certain that the child belonged with his mother who loved him.
Amy had cross examined all the witnesses except for the priest and the mother. She had managed to find loopholes in all their testimonies. She however refused to cross examine the priest telling them that it would be futile to refute his testimony. She however had made the other testimonies look shady as she interrogated them with almost an air of amusement and derision. But none of that came even close to what she did to Bernie's mother. At this point Callie and Arizona insisted that Bernie be taken out of the courtroom as they didn't want him to witness this. By the end of the testimony , the mother was shaking in her seat and crying. It was made clear that she had discovered drugs at 13 , been arrested for prostitution at 16 , gotten pregnant with Bernie at 18 and had been in seven drug programs and had been arrested nine times. Her attorney protested " the court must keep in mind that this woman is no longer addicted , she has just been through an arduous state run drug program , and if we say that she is not rehabilitated , we are in fact saying our system of rehabilitation does not work". The objection was sustained and her arrest record was stricken but the rest stayed.
From their side Amy called Jenkins the social worker who told the court about Bernie's miraculous transformation under Callie and Arizona's care , Callie and Arizona themselves who spoke of their love for Bernie and the stable home they would provide for him. The opposing attorney tried to create an issue of them being unmarried but Amy objected and put a stop to that. Amy also called a few Seattle Grace doctors to the stand who spoke about how Callie and Arizona were good and kind doctors and human beings and would prove to be wonderful mothers to Bernie.
The final witness was the hardest as it was Bernie himself. He had a look of terror on his face as he was questioned….. What his life was like with his mother , what his life was like with Callie and Arizona , how his mother provided for him, what Callie and Arizona bought and gave him and then suddenly " Are you afraid of your mother , Bernie?" . The question itself frightened him so much that he shrank back in his wheelchair , holding his teddy , shaking his head " No……..No". " Does she ever beat or hit you?" There was no answer and he was asked to speak up. He finally croaked out " No". Callie and Arizona closed their eyes in despair. They understood what he was doing. He would not tell the truth till his mother was there. The judge asked them all to return the next morning so that he could deliver the verdict.
That night Callie and Arizona just held Bernie close as he slept. They didn't know how on earth they were going to give him to his mother if they had to. As they lay in bed that night they realized that they couldn't and it would kill them. All they could do was believe in justice and hope for the best.
The next day the judge began the proceedings by explaining to Bernie that he had listened to all the evidence and had tried to make the decision that would ensure Bernie's happiness. He then turned to Callie and Arizona and praised them for their effort with Bernie and said that their efforts were admirable. He said their intentions were excellent and they would provide well for Bernie. He conceded that Bernie had had a difficult life with his mother but he was now certain especially after talking to the priest that Bernie's mother had found her feet at last.. He then announced in a booming voice " The court rules in favor of the natural mother". Bernie's mother ran to him almost knocking of his wheelchair. All Callie and Arizona could see was Bernie flailing wildly trying to move away from her. " Cal………..Ari" It was a plaintive wail that broke their heart and they wanted to rush to him but Mark and Cristina were holding them back. " Let go….we need to see him" they yelled but Mark and Cristina wouldn't let go.
Bernie's mother and her lawyer led Bernie out of the courtroom. Bernie turned back in anguish towards Callie and Arizona with a grief stricken face , tears rolling down his cheeks . "Cal……….Ari" he kept calling out. " We love you Bernie….its okay " they called out till he was gone. They then collapsed into each others arms sobbing. Amy stood next to them and said " I'm so sorry ……we can appeal it." They just shook their head saying "No….. No, we cant do that to him". Mark and Cristina suggested they should all go home. Callie and Arizona just nodded and held each other as they walked out of the courtroom. There was no reason for them to stay there anymore.. For Callie and Arizona it felt like it was all over……………..they had lost their son.
A/N : Reviews are most appreciated. Thank you