Chapter Seventeen
Disclaimers: I don't own Once Upon a Time. Also this is a sequel to the original "Thicker than Water" written by La Lisboa.
I'd like to thank Lisboa again for betaing this story and letting me use her story as a starting point.
Emma arrived at the Bangor courthouse with her parents, about twenty minutes early so she could meet with her lawyer again. She was wearing her police uniform, as her lawyer had suggested. Emma was glad. Not only because Mr. Underwood believed it would help her case, but also because wearing this uniform always made her more confident. With it, she had the authority to enforce the law. People had to listen to her. So the judge would listen to her and return Henry to their family.
Her parents were dressed nicely but not too fancy, as Emma had instructed them how to impress the judge. David was wearing the blue pants he had worn to their wedding and his blue – buttoned – down shirt. Snow wore a simple green skirt and blouse. They wanted to whatever it took to help her, Emma was aware. They had hovered around Emma all morning. They asked if she was okay. Many times they grabbed her hand, trying to comfort her with touch. Emma found it a little annoying, and she told them so. After that, Snow and David didn't ask her if she was okay so much, or grab her hands all the time. Still, they continued hovering around her, even in the courtroom. As much as Emma hated to admit it, the hovering wasn't so bad. Actually, her parents support made her more confident than wearing her uniform did. Henry would be coming home.
"This is Mary Margaret, my sister, and her husband, David," Emma told Mr. Underwood as they came with her to meet with the lawyer.
Mr. Underwood shook their hands. "So you're going to be character witnesses?" he asked.
"Of course," Snow replied.
"Whatever it takes to return Henry to us," David added.
"Sounds good," Mr. Underwood agreed. "This is how the hearing will be structured. We'll do opening statements first, and then the judge will let us make our argument. After that's done, the Collards' lawyer will make his. The final decision should be made sometime today."
The three of them nodded. Mr. Underwood began gathering his documents. Emma turned to her parents. "I appreciate the support, but you're going to have to sit back there now." She pointed to the section for all the witnesses. "There's Ruby. Why don't you sit with her?"
Snow and David looked shocked. "We can't sit with you?" Snow asked.
"Are you really going to be okay?"
Emma took a deep breath and nodded. "Yes. I have a good lawyer, I have my uniform," Emma pointed to her police outfit, "and I still have your support even if we can't sit together. We'll be fine."
They nodded and hugged her. As they got ready to leave, Emma thought of something. "Let me warn you something," she whispered. The Collards' lawyer," she looked at the other table where the Collards' were speaking with their lawyer. "He might say some nasty things about me. Don't get all parental and try to defend me. Don't act like kings and queens. If you speak out of turn in a courtroom, it will only hurt our case. Okay?"
Her parents looked quite upset that they couldn't defend her, especially on a day like today. But they took a deep breath and nodded. Then they grabbed each other's hands and went to sit with Ruby.
Just then, Henry walked into the courtroom with the social worker. He was dressed in the suit he had worn to Snow and David's wedding. Emma got up to greet her son (she took notice that neither of the Collards got up to greet him). Unfortunately the social worker made Henry sit down right away. After that, the bailiff came in. "All rise," he told everyone. "This is the Custody Hearing for Henry Mills. Honorable Judge Quincy will preside." Emma took a deep breath again. It was starting. She looked down at her uniform again and remembered all the support her parents gave her. They would win.
The judge entered the courtroom from his chambers and sat down. He looked at Mr. Underwood. "You may begin your opening statements."
Mr. Underwood nodded. "Thank you, your honor." He stood up and made his way to the bench. "I have a tragic story to tell you today. About a young woman and her boy. There was once a young woman who became pregnant when she was only seventeen. Since she had no support system and little money, she felt the only thing to do was to give her son up for adoption." He walked around the courtroom, looking at the Collard's and their lawyer before facing the judge again. "Ten years later, her son found the young woman again and she became a part of his life, even though he continued to live with his adopted mother. Unfortunately for the boy, his adopted mother died a few months ago. The boy has no one to take care of him now." Mr. Underwood stopped and smiled at Henry. "Except his birth mother and her new – found family. "This birth mother," he walked back to the table where Emma was sitting, "accepted she didn't have legal custody of her son and gave him up temporarily. She has done everything Social Services asked her to do to be reunited with her son. She even went beyond that, as you will see. This young woman is Miss Swan. She deserves to have her boy back. But even more than that, her boy, Henry, deserves to have his mother and his family back." He approached the bench again. "They have both lost so much. Give them back their family, Your Honor."
Judge Quincy nodded, showing no emotion one way or the other. "Thank you, Councilor. Ms. Sherwood," he looked at the Collards' lawyer. "You may begin your opening statements."
Ms. Sherwood, a tall woman with shoulder – length brown hair, stood up. "I will agree with Mr. Underwood on one thing. Ten years ago, Miss Swan gave up her son for adoption." She approached the bench. "He neglected to mention, however, that it was a closed adoption. Miss Swan made it clear she wanted no contact with her son at all. She had no desire to be a mother. It doesn't surprise me Henry continued to live with his adoptive mother after he'd found Miss Swan. She obviously had no desire to be a mother, even though he was trying to force her into it. And you know what?" she turned to the audience. "That doesn't surprise me. Miss Swan has lived in fourteen different locations over the past ten years. She's not a mother. She's a drifter."
David moved to get up at that comment but fortunately was held down by two strong women. Ms. Sherwood continued, "So she wants to be a mother to Henry right now. So what?" she marched over to Emma's table and pointed at her. "How soon is that going to change? We're lucky it hasn't changed already. My clients, Mr. and Mrs. Collard," she gestured to the couple sitting in the opposite table. "have been taking care of boys like Henry for several years now. They are ready to be parents." She returned to her clients table. "This is the family Henry should belong to, Your Honor."
Judge Quincy nodded again, showing no emotion. "Thank you, Councilor." Emma sighed. Those were strong arguments. Similar to the ones Regina always used against her. Then Emma put her foot down inside her head. And Emma had never let Regina get to her, either. She wouldn't let this lawyer and her "we – want – another – meal – ticket" clients get to her.
The judge looked at Emma's lawyer again. "You may begin."
Mr. Underwood picked up the first two papers he had and brought them toward the bench. "I have in my hand, solid proof that Miss Swan, is in fact Henry Mills's biological mother. This is a blood test on Miss Swan completed by the technicians at Eastern Maine Medical Center." He held the paper up for the audience to see, and then handed it to the judge for him to look at. "This is a blood test on Henry Mills completed by technicians at Maine Medical Center." He did the same with the second paper that he had with the first. "These two tests, when put together, show Miss Swan and Henry are closely related. They are, in fact, mother and son."
Judge Quincy nodded.
Mr. Underwood picked up another document from the table. He held it up to the audience as well. "This is a death certificate of Miss Regina Mills, the boy's adopted mother. The boy's legal mother is dead. He has no other family, except with his birth mother." He handed the death certificate to the judge as well. Emma sighed. She hoped Henry was handling this part okay. Being reminded Regina was dead couldn't be easy for Henry. If she was allowed to sit next to him, she would have put her arm around him or something.
"Miss Swan was asked to find a job and a three – bedroom apartment for her family in order to prove she could take care of her son," Mr. Underwood continued. "I have proof she has done that as well." He held up their family's lease for their new apartment.
"Miss Swan was also told she had to find a job to support her son. A month ago, Miss Swan obtained a job at the Hampden Police Department. This job not only comes with a steady paycheck, but a health insurance plan for her family, which would include her son, if she had custody of him. There is nothing standing in Miss Swan's way anymore to take care of her son, as you can see, Your Honor. He would have the best care he could have with her." He handed Judge Quincy those documents as well.
When the judge finished looking at the documents, Mr. Underwood announced, "I'd like to call my first witness."
The judge nodded. "Proceed, Councilor."
"I call Charles Winslow to the stand," Mr. Underwood announced. Emma smiled as her boss made his way to the witness stand. He was dressed in his police uniform, just like Emma was. She was really glad he had found a way to take the time off to help her case. To think, when she had first met him, she didn't even like the chauvinistic cop.
"Raise your right hand, please," the bailiff told him as he stood in front of the room
Chief Winslow raised his right hand.
"Do you swear to tell the truth, the whole truth and nothing but the truth, for the full justice of the law?"
Chief Winslow nodded. "I do." Then he sat in the witness chair.
Mr. Underwood came forward. "Can you explain why you hired Miss Swan?"
Chief Winslow nodded. "Of course. I had thought she was…a little out of her league when she first came into my office, looking for a job. She's a woman, after all. But Officer Swan told me in no uncertain terms, that she wasn't out of her league at all. She wasn't afraid to take on anyone, even me! She told me she had been a bail bonds person, a deputy's sheriff and a sheriff before. She also showed me she was quite competent shooting a weapon and appending suspects. She also told me she wanted to stay in this area for a while, so she didn't want to be a bail bonds person any more. Because it wouldn't be good for her son for Officer Swan to be gone so much."
Mr. Underwood nodded. "Can you repeat that last line again?
"Officer Swan wanted to have a job at my police station for her son's sake. She didn't want to travel too much."
Mr. Underwood smiled and nodded again. "Now can you tell me how she does her job?"
Chief Winslow nodded. "Of course. She always comes in on time and leaves on time. She arrests who needs to be arrested and gives tickets out when needed. Officer Swan is very responsible. She's also able to convince people to do the right thing and confess. Just last week, we arrested a couple of trespassers. None of my officers could get them to say anything. Officer Swan came in and talked to them, and within a couple of hours, they were willing to confess."
Mr. Underwood nodded.
"Would you like to cross – examine this witness?" the judge asked Ms. Sherwood.
She nodded. "So when you said 'Miss Swan wasn't afraid to take on anyone' did you mean she could be aggressive?"
Chief Winslow shrugged. "I suppose so. I find aggressiveness a good quality in a police officer. We have to take down criminals, after all."
Ms. Sherwood nodded, smirking. "Maybe, but is it a good quality in a mother? Is it possible she might get aggressive with her son?"
Emma's mouth dropped open at the lawyer's insinuation that she would ever hurt Henry. She felt like punching the woman, but Emma knew that wouldn't do any good. It would only prove the woman right. So she grinded her teeth in anger. Behind her, she heard Snow making a similar noise. At least her parents weren't yelling at Ms. Sherwood. She was pretty sure they wanted to.
Chief Winslow shrugged again. "I suppose."
Ms. Sherwood smiled satisfyingly. "I have no more questions for this witness," she told Mr. Underwood.
"Redirect, Your Honor?" Judge Quincy nodded and Mr. Underwood approached Chief Winslow. "You said Officer Swan was very responsible and had a strong grasp on right and wrong, correct?"
Chief Winslow nodded. "That's correct."
"So she would be aware that child abuse is wrong, correct?
"Objection!" Ms. Sherwood jumped to her feet. "That's an assumption!"
Mr. Underwood looked at Judge Quincy. "Miss Swan is a police officer and has been an officer in the state of Maine for almost two years. I think it's safe to say she'd know what child abuse laws were."
Judge Quincy sighed. "Over ruled. The witness will answer the question."
Chief Winslow nodded. "Yes, Officer Swan would be aware of the laws against child abuse, and that it's wrong." Emma sighed in relief. It sounded like her lawyer had successfully dodged that bullet. "You may step down, Mr. Winslow," Judge Quincy instructed him. He returned to his seat.
"I call Dr. Anna Black, a licensed child psychologist, to the stand," Mr. Underwood continued.
A woman in her forties with light brown hair and glasses approached the witness stand. After she was sworn in and sat down, Emma's lawyer came forward. "You are a child psychologist, correct?"
"Yes," the woman smiled pleasantly.
"Have you ever counseled children for grief, particularly the loss of a parent, Dr. Black?"
She nodded. "Many of my patients have been suffering from some form of grief. Some have lost parents, yes."
"What do you find it is best for the child in those situations?" Mr. Underwood continued.
Dr. Black smiled at the courtroom again. "Every child is different. I do find however, that children deal with grief of a parent better when they have a family support system. This can be in the form of another parent, and aunt or uncle, and older sibling, or a grandparent. These children have had their lives turned upside – down with death. They need to be comforted by someone who still knows them. By someone who they know still loves them, even if they can't respond to it right away."
Mr. Underwood nodded. "Since Henry Mills's adopted mother, the woman who raised him since birth, is dead, who do you think would be best to take care of him?"
Dr. Black looked straight at Emma. "I understand the boy's birth mother; Miss Swan has been involved in his life for the past two years. I also understand Miss Swan's sister and her husband are close with the boy as well. I would recommend Miss Swan be given custody of Henry Mills, with the help of her sister and her family. This is a strong family support system that will help the boy deal with the loss of his adopted mother much easier than a strange foster family."
Mr. Underwood nodded.
"Would you like to cross – examine Dr. Black, Ms. Sherwood?" Judge Quincy asked.
Ms. Sherwood stepped forward. "If the mother of the child has been known to leave suddenly, would you still call that a stable family support system, Dr. Black?"
Dr. Black sighed. "Part of a stable support system is for the child to stay in one place as they deal with their grief, yes. So, I would…say it's a little less stable if that's the case."
"And if the mother may potentially leave the child, would you call that a stable relationship for him?" From behind her, Emma heard David grunt and move to get up again. Fortunately, Snow and Ruby seemed to be keeping him seated. Emma figured this would be a problem when her parents heard some of the things the other lawyer said to her. David may not be as over protective as Abigail's man, but he had his moments. She was just glad Snow and Red were remembering what she'd told them. Jumping to her defense wouldn't help right now.
Dr. Black sighed, "No, I'm afraid; in that case, it would not be a stable relationship for the boy."
Ms. Sherwood smirked again as she walked away. ""I have no more questions for this witness," she said.
"You may step down, Dr. Black," Judge Quincy told her.
Emma sighed. She had been hoping her lawyer had a way to counter Ms. Sherwood's statement.
Mr. Underwood came to their table to look at his notes for a second. Then he announced, "I'd like to call Mary Margaret Nolan to the witness stand." Emma broke into a grin. She was sure her mother's testimony would help her case. She was a little concerned of one thing, though. What would Ms. Sherwood say when she cross – examined Snow? How would David react if Emma and his wife were insulted? Would Ruby be strong enough to keep him in his seat? Emma doubted it. She bit her lip and hoped with everything in her that Ms. Sherwood wouldn't be so hard with this cross – examination.
Snow made her way to the witness stand and was sworn in, then sat down.
"Can you state what your relationship is with Miss Swan, Mrs. Nolan?" Mr. Underwood asked her.
Snow nodded. "She's the family I lost and found again. My sister. I am also happy to call her my roommate, because we live in the same apartment."
"How long have you known your sister Mrs. Nolan?"
"I knew I lost my sister almost thirty years ago," Snow replied. "Two years ago, I found Emma, although I was unaware she was my sister at the time. We became friends and roommates. When we realized we were sisters, we were both happy to have finally found the family we lost." Emma had talked to her parents about being careful when they spoke on the witness stand. They were under oath, so they needed to stick to the truth as much as possible, but they couldn't tell the whole truth. Emma and Snow had decided to be sisters, so that was the story they stuck with. She had given them a brief (very brief, since she had omitted certain details) overview of what happened between her and them in Storybrooke for them to discuss as well.
"What effect has having your family back together had on your sister?" Mr. Underwood continued.
Snow smiled. "I know it's made both of us, all of us really, extremely happy to be together again. But I also know Emma has made some...poor choices in the past. These choices are a direct result of having no support system at all. I'm aware Emma never believed anyone loved her." Emma was surprised her mother was able to understand so much about her life. She had told Snow some of the things they went through in the past few years, but she hadn't told her this much. Maybe Henry had inherited his gift for perception from his grandmother? If it were anyone else, Emma would feel violated, for someone to infer so much about her life. But with her mother…maybe it was alright.
"Emma now knows she has many people who love her," Snow continued. "This means she's ready to be Henry's support system and Henry's mother. She has had opportunities to run. But she hasn't done so once."
Mr. Underwood nodded. "What would you be able do to help Miss Swan and her son, if he lived with you?"
"I love Henry, since he is my nephew. I'm eager to spend more time with him. I also understand he needs a lot of help getting over losing his adoptive mother. That's something I have personal experience with, as I lost my mother when I was a little younger than he is. I'm also aware Emma sometimes has to work nights or evenings at the police station. I never work nights, so I'd be happy to keep an eye on Henry, if Emma needs me to."
Mr. Underwood nodded, smiling from ear – to – ear. "No further questions, Your Honor."
"Would you like to cross – examine this witness?" Judge Quincy asked Ms. Sherwood.
Ms. Sherwood nodded. Emma braced herself and silently pleaded to Ruby to use all of her wolf's strength on David. Hopefully it would be enough.
"Mrs. Nolan, you were recently married, correct?"
"Yes, that is right," Snow replied, sounding confused.
"Objection!" Emma's lawyer called out. "What is the relevance of this?"
Judge Quincy nodded. "I'm afraid I don't see the relevance, either, Councilor," he said to Ms. Sherwood.
"You'll see when I'm finished, I promise," Ms. Sherwood assured them.
"Okay, but you better come to the point soon," the judge warned. "Overruled, continue," he told Ms. Sherwood.
"So since you were recently married, you'll probably want your own family soon, correct?" Ms. Sherwood continued. "How is Miss Swan going to be a mother to her son when you're not there to hold her hand anymore?" David grunted again from the background, but so far he didn't seem to be trying to get up.
Snow looked at Ms. Sherwood sharply. "My husband and I have decided to wait on expanding our existing family for now. We want to make sure our whole family is reunited first. But even when that happens, Emma and Henry will always be part of our family and will receive our love, support, and assistance whenever they need it."
Ms. Sherwood sighed and nodded. "No further questions, Your Honor." Emma sighed in relief as Snow stepped down. It looked as if Snow fixed the problem herself, before Ms. Sherwood insulted her mother or Emma too much for David to handle. Snow's speech also made Emma feel better in another way. She knew her parents had plans to have another child when this custody fight was over. And she had told Snow she was okay with that. It was understandable that they would want another child, after all. But to hear from her mother that Emma and Henry would still receive support, assistance, and love even after a new child was born was a relief. It wasn't as if she thought her mother would disown her after a new child arrived but…Anyway, it was nice.
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Snow returned to her seat, smiling as she did so. David grinned proudly back at her. He loved it when Snow told other people off for messing with their family. She was so sexy when she acted that way.
Seriously, the very idea that Emma wouldn't be important to them anymore if they had another child? What kind of parents did that Sherwood woman think they were? Well, officially, they were supposed to be siblings, not parents, but still. Family was family. And the Sherwood woman actually thought they would desert part of their family? But his wife…she made it clear to the other woman didn't know what she was talking about.
"I would like to call David Nolan to the witness stand," Emma's lawyer Mr. Underwood announced, interrupting David's thoughts.
David grinned wider as he approached the front of the room and was sworn in. This was his chance to help Emma and Henry. To help their family, like Snow had done. He reminded himself he would have to watch what he said. Emma had warned them about that. She said they could never refer to Emma as their daughter or Henry as their grandson under any circumstances. If it helped his family, David could remember to be careful what he said.
He sat in the chair next to the judge's table. (The room reminded him of the throne room in the palace, much the same as the place they'd gotten married here.) "What is your relationship with Miss Swan, Mr. Nolan?"
David took a deep breath and replied, "She's my wife's sister, so she's my sister – in – law." Everything in him wanted to say "she's my daughter," because David was so proud Emma was his daughter, but Emma assured him that wouldn't help her. It made sense people would have trouble believing it.
Mr. Underwood nodded. "And how long have you known your sister – in – law? Do you get along well?"
David nodded, "I've known Emma for about two years," he replied. That was how long Emma told him David had known her in Storybrooke. "We get along quite well. I'm very glad my wife has found her family. Emma hand Henry are…have become my family as well. I want our family reunited."
Mr. Underwood nodded. "And how do you get along with Henry?"
David looked at Mr. Underwood straight in the eye. "I love Henry, and I enjoy spending time with him. I'm pretty sure he enjoys it, too. Henry…doesn't seem to have had many male role models in his life. I think he looks to me to fill that role."
Mr. Underwood nodded. "Your witness," he told the Sherwood woman.
She nodded and came forward, holding a piece of paper. "Mr. Nolan, I have in my hand a document that says you and Mrs. Nolan were married only three weeks ago." She handed the paper to the judge.
"Isn't it too soon for you to have a boy living with you? Especially an adolescent boy who's probably dealing with behavior issues, because of the death of his adopted mother?"
David shook his head and looked sharply at the woman. What was wrong with her? Why didn't she think they carried about their family? "No, it is not too soon. If Henry's having problems, my wife and I would be happy to help him through them, along with Emma.'
The Sherwood woman shook her head. "But if you just got married, how do you know your relationship with your wife is stable? Couldn't problems with Henry cause problems in your new marriage? What would happen to Henry's situation if you split up?
David looked at her, shocked. Had that woman seriously just implied he would ever desert Snow? If someone said that to him in the Enchanted Forest, it would be considered a punishable offense. He reminded himself this wasn't the Enchanted Forest. The woman had no idea they were already married before, not mention the fact that he woke Snow from a sleeping curse with True Love's Kiss. Still…she made him so angry. "My wife and I will never split up, woman. I don't care what kind of problems we have. Don't say that to me." His hands clenched into fists.
There were some gasps from the audience.
The judge pounded his gavel. "Order in the Court!" he exclaimed. "Mr. Nolan, you will respect the counselor while she's questioning you, even you dislike the questions. Do you understand?"
David looked at the floor. Had he hurt Emma's chance to get Henry back? She had warned him about this. "Yes, Your Honor, I understand."
"You may continue, councilor," Judge Quincy told the Sherwood woman.
"Thank you your honor," she replied. "Let me put this another way, Mr. Nolan. It concerns me you only married your wife three weeks ago. It looks like you married her just so you would be married for this hearing, to help Miss Swan obtain custody of Henry. If that is the only reason you married Mrs. Nolan, your marriage won't last."
"I promise you, I married my wife because I love her. With everything in me, I love my wife. We had planned on getting married, anyway. We did marry quickly because of Henry, but that certainly wasn't the only reason."
The Sherwood woman nodded. "No further questions, Your Honor."
David got up and returned to his seat. Snow wrapped her arm around his and began rubbing him in comfort, understanding how upset those questions had made him. He silently thanked her with his eyes.
"I call Amanda Jordan to the witness stand," Emma's lawyer announced next. The woman who had taken Henry away from them and kept putting Emma down as she put her life together stood up. David clenched his fists again as he watched the social worker woman approach the witness stand. He really disliked that woman. What would she say about Emma this time?
The woman was sworn in, just as all the other witnesses were, and took her seat.
"What is your occupation and your relationship to Henry, Miss Jordan?" Mr. Underwood began.
"I am a social worker for the state of Maine that was assigned to Henry Mills's case," the woman replied.
Mr. Underwood nodded, looking at the judge. "What is your organization's policy concerning reuniting children with families?" he asked her.
"We encourage and, in fact, do everything possible for the children to be placed with family members. Whether that is with other siblings, aunts or uncles, grandparents, or reuniting them with a parent depends on the individual case. But we do believe in having a family support system for the child, whenever possible," the social worker replied. They did? This surprised David. He really thought the woman was trying to keep their family apart.
Mr. Underwood nodded. "Okay, then can you tell me why you removed Henry Mills from his family structure?" David nodded eagerly from his seat. Why did she remove Henry from their family, then?
The woman nodded. "It wasn't something I was happy to do," the woman sighed. "But the truth was Miss Swan had no right to legal custody of Henry at that time. She couldn't even technically prove she was his mother, since her name was not on his birth certificate. She also had no job to support her son, and lived in an apartment which he shared a room with her. As long as that was the case, I could not allow Henry to live with Miss Swan." David shook his head and grumbled. He still believed those reasons sounded like excuses. Shouldn't being with their family be more important than the amount of space their apartment had? Still, the woman wasn't insulting Emma, like the Sherwood woman had done, so he let it go.
Emma's lawyer nodded, facing the audience this time. "And in the last month and a half, Miss Swan has provided a blood test to prove Henry Mills's maternity, found a job, and moved to a bigger apartment, is that correct?"
The woman nodded, "Yes." She smiled.
"So is there any reason why Miss Swan cannot have custody of her son today?" Mr. Underwood asked, moving closer to the woman.
"No, there isn't," the social worker replied, to David's surprise. "In fact it is my recommendation, as Henry Mills's social worker, that he be placed in the care of Miss Swan and her family."
David's mouth dropped open. Had she really just said that? The woman was on their side? Snow and Red turned to him and all three of them grinned from ear to ear. Henry was coming home! Speaking of Henry, he let out a shriek of delight.
The judge pounded his gavel. "Order in the court!" he exclaimed again. "Do you wish to cross – examine this witness?" he asked the Sherwood woman.
"Not at this time, Your Honor," she responded. The social worker returned to her seat.
"I would like to call Henry Mills to the witness stand," Emma's lawyer announced. Henry came forward, looking incredibly proud to be called to speak. After he was sworn in and took a seat, Mr. Underwood asked, "Henry, where would you like to live?"
Henry looked at the lawyer and the audience very seriously. He replied, "I would like to live with my birth mom and the rest of our family. I miss them. I miss my other mom, too, but there's nothing I can do about that. I can never get her back. I can get my birth mom back, if you let me. Regina, my adopted mother, she told me before she died, she was happy I had another mom who loved me. She knew my birth family would take care of me. It's what she wanted."
Henry took a deep breath and continued, "I know Miss Jordan told me to live with the Collard's, but I don't like it there. They're not my family. They don't pay any attention to me, and the older kids can be mean. I want to live with my birth family where I'll feel loved and cared for, like my adopted mom wanted. Like my birth mom wants for me."
Mr. Underwood nodded, "No further questions, Your Honor."
Judged Quincy nodded. "Would you like to cross – examine this witness, Ms. Sherwood?"
She shook her head, "No, Your Honor."
"Thank you, Henry. You may step down now," the judge told him.
As Henry returned to his seat, David flashed him a huge grin, trying to communicate with Henry how proud he was. He had made it very clear why it was important for him to return to their family. The judge would have to listen, right?
"I would like to call Miss Emma Swan to the witness stand," Mr. Underwood announced after Henry returned to his seat. Emma stood up and approached the judge. After she was sworn in, Mr. Underwood asked, "Can you state your relationship with Henry Mills?"
"I am his mother," Emma replied firmly. "His birth mother."
"Can you explain why you decided to give Henry up in a closed adoption, twelve years ago?" Mr. Underwood asked her.
"I was only eighteen when Henry was born," Emma replied. "I had no money, no job, and no support system at the time. I also didn't have any self – confidence that I could raise a child. But I loved Henry. He was still my son. So I did the best thing I could do for him at the time. I chose a woman I knew desperately wanted a child and had the means to do so that I didn't. I had many bad experiences with foster care when I was growing up, and I knew if I tried to keep him with no money and job, Social Services would take him away sooner or later anyway. If I had him adopted, he would be placed in a permanent home that I picked." David nodded, understanding a little better why Emma had given Henry away. Obviously she didn't know she was giving him to the Evil Queen. She was giving him his best chance.
Mr. Underwood nodded. "Okay, but can you explain why you chose a closed adoption? It does make it appear that you had no interest in your son."
Emma nodded. "If I could go back in time now, I would have chosen an open adoption. But at the time…I didn't think I could be a mother at all to my son. Not even part – time. I thought it was best to give him a clean break, so he'd be happy with a mother that could really take care of him."
Mr. Underwood nodded, looking at the judge, then at the audience, then back at Emma. "Then why did you want to become a part of your son's life two years ago?"
Emma smiled. "Henry found me." Of course he did, David thought as he smiled at Snow. She smiled back. "He made it clear he wasn't happy with the mother I picked for him. They were going through some problems. He wanted me there. By that time, I had found a job. I was starting to believe in myself. So after some words of encouragement from a woman I didn't realize was my sister at the time, I stayed in Storybrooke to be with Henry."
"Can you explain to me what your relationship with Henry's adoptive mother was like in Storybrooke?"
Emma sighed. "We didn't always get along, but we did try to be civil for Henry's sake." They did? The Storybrooke Regina really had been different than the Evil Queen. David knew that was the case, to a certain extent, if she'd raised Henry. He'd acknowledged it already. But to hear Emma say she and Regina had tried to get along, just to please Henry…he hadn't expected that. "When Regina realized she was dying, she also made it clear to me she wanted me to take care of him."
"Would you like to cross – examine Miss Swan?" the judge asked Ms. Sherwood.
Ms. Sherwood nodded and approached Emma. "During the time you were in Storybrooke, Henry's adopted mother was still his primary caregiver, correct?"
"Yes," Emma replied.
"So how do you know you're ready to be his mother, then?" Ms. Sherwood asked.
Emma smiled, "Because I have something I never had before. I have a support system. I found my family. And they've made me believe in myself." He and Snow turned and smiled at each other again. Joy was written all over her face, and he was sure it was all over his as well. They loved knowing he and Snow helped Emma that much.
"No further questions, Your Honor," Ms. Sherwood told the judge. Emma got up. The judge pounded his gavel. "We will take a short recess so Mr. and Mrs. Collard can prepare their case. Reconvene in fifteen minutes." He pounded his gavel again.
Emma and Henry immediately came together for a hug in the middle of the courtroom. "I'm so proud of you, Henry," Emma told him as they hugged. "You sounded so grown – up on the witness stand!"
David, Snow, and Red all met up Emma and Henry. "We're proud of you, too. Both of you."
Emma smiled. "Thanks. And thank you for keeping David in his seat when he gets upset," Emma added to Snow and Red. "I know the other lawyer says some…troubling things, but lashing out at her will only hurt our chances, okay?"
Red and Snow smiled. "No problem," they replied. David looked at the floor. He knew Emma had to be right; after all she was the one who was familiar with this world. But…he was supposed to protect his daughter from insults like that!
"Just remember, the next session will be her witnesses. The things she might say will continue, and they could get worse. Be prepared." David took a deep breath and nodded.
Snow and Red grabbed David shoulders. "We'll take care of him if we need to, Emma." David sighed. At least they were two of the three strongest women he knew. But what would this Sherwood woman say? What would the other witnesses say?
(Rumple giggle) You didn't actually think the custody hearing would be resolved in one chapter, did you? I like to think I did pretty well on the cliffhanger. I've been taking lessons from my beta, you know. (If you've read any of Lisboa's stories, you know what I'm talking about. And if your reading this one, you should have at least read the original "Thicker than Water, which has plenty of cliffhangers.)
Actually, I'm just kidding. I'd never be able to write cliffhangers the way she does. I intended the custody hearing to be one chapter, but it got more...intense than I expected.But anyway, what did you think? Thank you for the follows and favorites, but I'd love to have some reviews as well.
Alessa: Thank you sooo much for all of your reviews. Did you like the first custody hearing chapter? Abrick will be back in another few chapters, and Fredrick will have more problems with his extreme over protectiveness.