Claiming Noah

by Amanda Ortlepp

  As she walked to the stand Diana cast a glance over at her, hoping to somehow convey an apology for the distress Jerry had caused, but her eyes were closed and her head bowed. She looked like she might be praying and Diana wondered, for the first time, if Noah had been baptised. Then she realised it was irrelevant, because it would have been under a different name, but it still concerned her that she didn’t know.

  As Catriona Sinclair’s lawyer had done for her, Jerry asked Diana a series of questions designed to establish her and Liam’s credibility as parents. He touched on her faith, her family life and the grief she had endured after Noah had been kidnapped. Jerry shaped every question in a way that emphasised her and Liam as a team, a strong parental unit. That was the angle he felt would convince the judge that Diana and Liam should retain custody of Noah.

  Then the opposition’s lawyer left his seat and walked towards Diana, signalling that it was time to start his cross-examination. As he adjusted his glasses, Diana drew a deep breath to ready herself for his questions.

  ‘Mrs Simmons,’ the lawyer said. ‘I understand you and your husband were unable to conceive naturally, is that correct?’

  ‘Yes.’

  ‘And why did you decide on embryo adoption out of all the various fertility options open to you?’

  ‘I . . . we . . . wanted to be pregnant. Ideally we would have liked to conceive naturally but we couldn’t, so this seemed like the next best option to us.’ As an afterthought Diana added, ‘It’s such an amazing opportunity to bond with your baby while it’s growing inside you. I’m so glad I had that.’

  She wished there was a jury in the room, because she was sure any mothers would have known what she meant. The lawyer didn’t seem moved at all.

  ‘How did you feel about the fact that this baby didn’t contain any genetic material from either you or your husband?’ he asked.

  ‘It didn’t bother us at all, he was our son. He is our son. And to look at him you’d never guess he isn’t genetically related to us; he looks so much like his father.’

  Diana saw Jerry shake his head slightly at her and she regretted her last statement. Jerry had told her to try to keep emotion out of her responses. He said he wanted it to appear as if it was a foregone conclusion that she and Liam were Noah’s rightful parents, so emotion didn’t have to come into it.

  The lawyer paced backwards and forwards a few times before he stopped and faced her again. Diana thought it looked rehearsed, as if he had been taking tips from courtroom television shows.

  ‘Mrs Simmons,’ he said. ‘How important do you think a child’s early years are in the formation of his character?’

  ‘Objection,’ Jerry called out. ‘Mrs Simmons is not a child psychologist.’

  The judge nodded. ‘Sustained. Mr Murphy, please change your question.’

  ‘Yes, Your Honour.’ The lawyer stood still in the middle of the courtroom for a few seconds, apparently trying to rephrase his question, even though it was obvious to Diana that he had planned this approach and Jerry’s objection. She started to dislike this lawyer immensely, with his expensive-looking suit and a hairstyle so perfectly coiffed it would take a cyclone to nudge a hair from its well-cemented place.

  ‘Mrs Simmons, when you first saw Noah, after not having seen him for twenty-one months, in your opinion did you feel as if he had been well looked after in that time?’

  ‘Yes,’ Diana said. ‘Very well looked after.’

  ‘And did you have any reason to believe that he had lacked anything in his life?’

  ‘No.’

  The lawyer spun on his heels and faced the table where Catriona Sinclair was sitting alone. She looked startled at the sudden attention. ‘Are you telling me that, in your opinion, Catriona Sinclair had raised the child to be a healthy and well-looked-after boy?’

  ‘Yes.’ How many times was he going to ask her that? She wished he would cut down on the theatrics as he turned back towards her and spread open his hands in question.

  ‘Then why, Mrs Simmons, would you try to keep the child from a mother who so obviously loves and cares for him? A woman who lovingly raised the child for the first two years of his life? A woman he thought of as his mother and who, genetically, is his mother?’

  Diana glanced towards Catriona Sinclair and this time met her gaze. A multitude of emotions passed between them. Fear, jealousy, sorrow and, finally, understanding. They weren’t enemies; they couldn’t be when they had so much in common. They both loved the same child.

  ‘I’m also a mother who loves and cares for Noah,’ Diana said to the lawyer. ‘And I’m not saying that Catriona Sinclair wouldn’t be able to provide a good home for him. But Noah is legally our son, and that’s why he should remain with us.’

  ‘But genetically he’s not your son, Mrs Simmons, is he? He’s Catriona Sinclair’s son. You and your husband are not Noah’s biological parents.’

  Diana thought about how to respond to the lawyer, but there wasn’t anything she could say to refute his statement. It was true that Noah wasn’t her biological son, but he was her son in every other way.

  ‘No, we’re not his biological parents, but we are his legal parents.’

  Diana wasn’t sure that was the best response, but it seemed good enough for the lawyer because he dismissed her and let her return to her table to sit beside Jerry and Liam.

  • • •

  Liam was questioned straight after Diana and his answers, as they had planned, reiterated the love they had for Noah and the life they would provide for him. It angered Diana that the lawyer’s cross-examination of Liam consisted of only a few questions, none of them as difficult as the ones he had asked her. It was obvious that the lawyer had thought Diana the person more likely to stumble with her responses to his questions.

  After Liam was questioned, it was time to hear from the psychologist. Mrs Collins looked nervous, even though, Diana presumed, she must present in court often as part of her job. She kept buttoning and unbuttoning the top button of her cardigan as if she couldn’t decide which way she wanted it.

  ‘Mrs Collins,’ the judge said. ‘I understand you have had the opportunity to interview both parties present in the courtroom today, as well as to observe the child in question, Noah Simmons. Can you please present to the court your findings from these observations?’

  ‘Of course.’ Mrs Collins buttoned the top button of her cardigan one more time and then read from a notepad. ‘When I visited the home of Catriona Sinclair I found it to be a more than adequate abode for a child. Mrs Sinclair is obviously a woman of means and the house, while not pretentious, was very comfortable and well equipped. Mrs Sinclair was able to prove to me that she would be able to provide for all of Noah’s financial needs.’

  Diana watched Catriona Sinclair’s lawyer lean over and whisper something to her, to which she nodded, her gaze directed straight ahead.

  Mrs Collins continued. ‘Mrs Sinclair has demonstrated that she has a strong family network that would assist in raising Noah. But I wasn’t able to interview Mrs Sinclair’s husband because, well . . .’

  ‘Because he’s incarcerated,’ the judge said. ‘Yes, that’s fine, we understand that.’

  ‘Yes, thank you,’ Mrs Collins smiled, appearing grateful for the assistance. ‘I also interviewed Mr and Mrs Simmons. As with Mrs Sinclair I found they had a lovely home for a child and were financially capable of providing for his needs. Mrs Simmons is obviously close to her family and again, as with Mrs Sinclair, they would be a strong family network for Noah.’

  ‘Thank you, Mrs Collins. And you observed the child as well?’ the judge prompted.

  ‘I did. Noah Simmons is a quiet and gentle boy, and despite the amount of change he has seen in his life he seems well adjusted and happy. He demonstrated affection towards both Mr and Mrs Simmons, as they did for him.’

  Diana saw Catriona Sinclair place a hand to her heart, as if she was in pain. It couldn’t have been easy for her to hear that Noah was happy livi
ng with another couple. Diana wanted to reassure her that he still remembered her, and tell her about the way he had grieved for her.

  ‘Mrs Collins,’ the judge said, ‘in your professional opinion, which of the parties present here today do you think would offer the most suitable home for Noah Simmons?’

  Mrs Collins nodded, her eyes downcast. She hadn’t looked at anyone for the duration of her time on the stand, but now it seemed as if she couldn’t even bring herself to lift her eyes from her hands which were clasped on the stand in front of her.

  ‘Your Honour, I do genuinely feel that both parties would provide a wonderful home for Noah,’ she said. ‘The love they all feel for him is evident. But I am of the firm belief that two parents can raise a child better than one parent, and so for that reason – and that reason alone – my recommendation is that Noah remain in the custody of Diana and Liam Simmons.’

  ‘Thank you, Mrs Collins, you can step down.’ The judge waited until the psychologist had left the courtroom, the gravity of her words still hanging in the air, before he spoke again to announce that they would take a short recess before he returned with his verdict.

  • • •

  Jerry took Diana, Liam and Tom to a cafe he knew around the corner from the courthouse so they could have lunch while they waited for the judge to call them back. Even though she had skipped breakfast, Diana couldn’t bring herself to eat more than a few mouthfuls of the salad she had ordered.

  ‘What’s the matter?’ Tom asked, nodding towards her barely touched lunch.

  She pushed it away. ‘I could have done more. My answers weren’t compelling enough.’

  She glanced at Liam. He didn’t seem to be having any problems with his appetite. His sandwich was so large he had to hold it with both hands, and even so he finished it within minutes. Then he took Diana’s uneaten salad and finished that as well.

  ‘How do you think you went?’ she asked Liam. He had answered his questions with ease, displaying none of the emotion that Diana had forced herself to hold back while she was being questioned.

  He shrugged, rummaging around in the salad for something other than lettuce. ‘Pretty well, I think. It doesn’t matter anyway, he’s definitely ours.’

  ‘Why do you say that?’

  ‘We’re his legal parents, her husband’s a felon. It’s a no-brainer.’

  Diana studied him, amazed that he was so relaxed when they had so much to lose. She waited for him to smile at her, to reassure her that she had done well, but he didn’t say anything. He was either oblivious to her apprehension, or he didn’t care. Most likely, she thought, it was the latter.

  Diana excused herself from the table, saying she wanted to check on Noah, and then she walked outside the cafe to call her mother.

  Eleanor answered the phone on the second ring. ‘Noah’s fine, darling, he’s having a sleep. How did it go?’

  Diana sighed. ‘I don’t think I did enough. I could have spoken more about the type of life we’ll provide for Noah, or how happy he is around me and Liam now.’

  ‘I’m sure that was obvious.’

  ‘I guess so.’ Diana moved further away from the door of the cafe as a large group came towards her and squeezed into single file to fit through the narrow space. They seemed happy and carefree, emotions Diana hadn’t felt since she heard about the custody application.

  ‘Mum, do you think it’s unfair of us to be fighting for full custody of Noah against his biological mother?’

  She heard her mother’s breath catch. ‘Do you really want to share Noah with another woman?’

  ‘No. But she hasn’t done anything wrong, and she’s already lost her baby and her husband. Now she might lose another child as well.’

  She couldn’t get the image of Catriona’s Sinclair’s face out of her mind. It was obvious she loved Noah just as much as Diana did, and whichever way this case turned out, one of them would lose the son they loved. Diana wished it didn’t have to be that way, but for one of them heartbreak was an inevitable conclusion.

  ‘You’re too kind-hearted,’ Eleanor said. ‘Don’t worry about her, you don’t even know her. Just worry about yourself.’

  Jerry walked out of the cafe, spotted Diana and walked over to her. ‘The judge has called us back,’ he said. ‘He’s ready to deliver his verdict.’

  Diana said goodbye to her mother and tried to hang up the phone, but her hands were shaking so badly that Jerry had to do it for her.

  ‘It’s okay, Di,’ he said. ‘He’s yours, I know it.’

  Tom and Liam joined them and together they all walked back to the courtroom. Liam strode in front of the rest of them, as if he were just keen to get it over with, but Diana’s feet dragged. Tom took her arm in his and that gesture helped her to walk the rest of the way.

  The judge wasted no time in delivering his verdict. As soon as they were all seated he called for attention and started to read from a piece of paper in front of him.

  ‘With most custody cases I see, it is immediately obvious which party would provide the more suitable home for the child,’ the judge said. ‘It’s rare to see a case such as this one where both parties appear to be loving, capable and responsible parents, and I would feel confident to leave the child with either party. But a decision has to be made, as unenviable as it may be.’

  The judge paused to look at those present in front of him. Diana’s chest felt so tight that she was struggling to breathe. The only sound in the courtroom was that of Liam cracking his knuckles under the table, which Diana knew he only did when he was nervous. It was as if the entire world had hushed just to hear this verdict.

  The judge looked back down at his piece of paper. ‘I am required by law to abide by legal proceedings put in place previously, and that is why I am ruling that the adoptive contract that was signed and agreed to when the child, Noah Edmond Simmons, was still an embryo should still stand. I also have to consider the professional recommendation of Mrs Collins that Mr and Mrs Simmons could provide the better home for the child, and I happen to agree with her statement that it is usually better for a child to be raised by two parents than one. While I have no doubt about Mrs Sinclair’s capability as a parent, I am hesitant to put the child in a position where he may again come into contact with Mr Sinclair, whose character has been proven to be less than desirable. So, I am awarding full custody of Noah Edmond Simmons to his adoptive parents, Diana and Liam Simmons.’

  Diana slumped sideways in her seat and fell against Liam, which he must have mistaken for affection because he put his arm around her and pulled her closer to him.

  ‘He’s ours, Di,’ he said to her as a grin spread across his face.

  She tried to return his smile. Finally, the uncertainty was over and they could be a family again.

  Once the initial shock passed Diana felt a rush of affection for Liam when she saw his elation. She vowed to push her disdain for him, along with all the other negative thoughts that had burdened her for the past two and a half years, from the forefront of her mind to a deep pocket in her brain; a place reserved for bad dreams and dark thoughts. Obviously she and Liam still had problems they needed to work through, but surely their relationship was worth the effort. He had helped her to get through this custody hearing and now they could go home to Noah knowing he would never be taken from them again. It was time to concentrate on starting a new life together as a family.

  She couldn’t help but look over at Catriona Sinclair. When she saw the agony evident on her face, Diana’s joy disappeared. She had placed her elbows on the table and leaned her head into her hands in silent repose. She didn’t cry out, didn’t make a sound. She just sat with her eyes shut, as the courtroom emptied around her, unaware that Diana was watching her.

  The people gathered on the opposite side of the courtroom looked up as Diana appeared in front of them. Diana herself didn’t know how she had ended up there, but something had drawn her to this woman. They had a common interest. No, it was more than that. They had
a common love.

  ‘Excuse me . . . Catriona?’ Diana said in a small voice.

  Catriona opened her eyes and lifted her head from her hands. When she saw Diana standing in front of her, with only a table between them, her brows furrowed.

  Diana felt her mouth go dry. She became aware of people staring at her, the enemy. She felt a desire to run from the courtroom, but she stood still and forced herself to speak. ‘I just wanted to say . . . Well, I just wanted you to know how much my husband and I love Noah,’ she said in a voice that sounded calmer than she felt. ‘We’ll take good care of him and make sure he has the best life possible.’

  Catriona’s mouth pursed and Diana wasn’t sure whether she was going to cry, or yell at her. Liam beckoned to Diana from the door of the courtroom, motioning with his whole arm for her to hurry up. Catriona didn’t respond and Diana chastised herself for saying anything. She should have left her alone in her misery.

  Diana glanced at the people around her and, finding nothing but blank expressions, turned to go. ‘I’m sorry,’ she said to Catriona, her voice quivering now. ‘I guess I just wanted you to know that.’

  ‘Wait,’ Catriona said as Diana was halfway across the aisle. She turned and walked back towards the table. ‘Thank you for saying that. I appreciate it.’

  Diana noticed that Catriona’s face looked pale and she hoped that the people around her would look after her. Diana knew the anguish of losing a child and this woman had now lost two sons. The thought of it stopped Diana’s heart. She wanted to console her, but she knew it wasn’t her place.

  ‘Thank you for taking such good care of him,’ Diana said, knowing even as she said it that it was inadequate. ‘It’s obvious that he was very well loved.’

  Catriona smiled sadly at her.

  A force from Diana’s subconscious, probably the same force that had propelled her to Catriona’s side of the courtroom in the first place, caused Diana to reach into her handbag and pull out an old receipt and a pen. She wrote her mobile phone number on the back of the receipt and handed it to Catriona.