Alex prepared a plate for Luke and handed it to him.
“Thanks,” Luke said. Then he looked at Eric. “Let me explain. It’s like this: For a flashing second, a person truly looks at you—unguarded, from the gut. After that, the person becomes aware of his true reaction and guards against it. I can always tell when people are genuine or when they’re trying to hide their feelings.”
“Am I hiding something?” Eric challenged.
“All you boys looked at me with kindness.” Luke tapped his finger over his heart. “Comes from here.”
Eric rolled his eyes, but Daniel nodded.
Luke smiled. “Tell me about your Little League teams.”
“Now it’s football,” Eric said. Then he and Daniel competed with tales of the season’s games.
After dinner, Luke asked, “Wanna pile into my truck and go for ice cream?”
“Can we, please, Mommy?” Jon looked at her.
“Sure, but we have to take my car since I have Jon’s seat in there,” Alex said. “Help me clean off the table, and we’ll all go.”
They cleared the table, jostling into one another in their hurry.
“Take jackets,” Alex said.
“It’s not cold.” Eric looked to Luke, a new ally.
Luke said, “I always used to tell my girls, ‘You gotta do what your mother says.’”
“How much girls did you get?” Jon asked.
“Four,” Luke said and helped Jon with his jacket. “They’re all grown now.”
“You got a lot of girls.” Jon turned around to Alex, and she zipped his jacket.
“What’s everyone’s favorite flavor?” Luke asked, and the boys called out flavors as they climbed into the Land Cruiser.
During the car ride to Farrell’s Ice Cream Parlor, Luke questioned the boys about their favorite sport, favorite athlete, all the while engaging them.
When Luke ordered bubble-gum ice cream, the boys giggled.
“That’s a kid’s flavor,” Eric said, his tone lighter.
On the short drive home, Jon fell asleep. Luke carried him up to his bed, and then said goodbye to the older boys.
Alex walked Luke to the door and thanked him for a delightful evening. Yes, the charisma that had attracted her to Luke was definitely palpable. At the tennis club, everyone sought a match with Luke, not only because he was an excellent athlete but also because he was charismatic and charming.
◆◆◆
The next morning, Jon cuddled in bed with Alex. Suddenly, he pulled away, looked worried, and said, “I got a question, Mommy.”
“Just ask.” She kissed his curly hair.
“When do we go home?” Jon asked.
“This is home.”
“Not for real.” He pursed his lips. “I got my G.I. Joes at home.”
Funny—for Jon, life was simple: home was where his G.I. Joes live. Alex kissed him again. “For Hanukah, I’m going to buy you a set of G.I. Joes to keep here.”
“But isn’t Hanukah long ago?” Jon asked.
“It’s coming in December,” she said.
“So is ’ember soon?”
“I’ll get you one tomorrow. Then we’ll have the whole collection by Hanukah.”
“Thank you, Mommy.” Jon put his arms around her and snuggled closer. “Then this’ll be home too.”
She kissed Jon, wishing it really could be that simple.
CHAPTER 21
Alex’s stomach was in knots. In an hour, she would have to face Gabriel Rose at the mediation. She was doubtful they would resolve the custody issue with the mediator, but she was willing to try anything. Leventhal, her attorney, had explained that only the parents were allowed at the mediation; therefore, he couldn’t attend. Leventhal also told her there were no consequences for failure to reach an agreement at the mediation.
She walked into the room, looked at Gabe, and had to turn away, amazed at how her body reacted just as powerfully to the hate as it had to the love.
The mediator introduced herself. “Today we are going to discuss issues of custody. The goal of the California courts is to encourage frequent contact with both parents. I’m here to help you devise a parenting plan that will allow your children to spend time with both parents. I’m also here to help you learn how to deal with your anger and resentment.”
“And your credentials are?” Gabe asked smugly.
“I’m a psychologist, and I’ve been a mediator for twenty-two years.”
“Sounds fine, but we’re not going to reach an agreement.” Gabe looked at the mediator sternly.
The mediator made it clear this was voluntary. She stated if they could not reach an agreement, then the matter would have to go before a judge. She explained going before a judge was second best because the judge is a stranger, but the parents are more familiar with the children’s needs. Therefore, mediation was in the best interests of the children.
Alex agreed. Then she looked at Gabe and knew it was futile.
Gabe stood up.
The mediator said, “I understand how emotional this is for both of you, but if you could think about the best interest of the children. As I stated, California’s policy is that children should have as much time with each parent as—”
“I really don’t have time to listen to you tell me about California’s policy. I have patients and more important things to do.” Gabe looked at the mediator dismissively. “We’re done here.”
“I’ll advise the court that the mediation was unsuccessful, and the case will proceed on the scheduled date.”
Alex watched Gabe stride out of the room. Determined to do whatever it took to maintain custody of her children, she gathered her things and left. This time, she decided, she was going to listen to her attorney. And whether it took selling the house or working more hours, she was going to pay for whatever legal proceedings were required. Gabe’s hold on her was finally over.
◆◆◆
Two weeks after their failure to reach an agreement at mediation, the day Alex feared the most arrived. Her neck tightened, threatening to morph into a headache that could short-circuit her ability to think rationally in case the judge asked her any questions. Even though Leventhal had told her it was rare for attorneys to cross-examine the parents at the hearing, she was nervous.
She entered the courthouse, passed through security, headed down the corridor, and took the elevator to the sixth floor of the Lamoreaux Justice Center. On the sheets of paper stapled together and tacked onto the board outside the courtroom, she saw her name and Gabe’s name and felt sick to her stomach.
She heard footsteps and turned around.
Joshua Leventhal, her attorney, shook her hand.
Assessing his red-and-navy tie, his impeccable navy suit, and his starched white shirt, she decided he looked professional. And that was exactly what she needed—professional, impersonal, unemotional. She was determined she wasn’t going to allow the sight of Gabriel Rose to unnerve her, make her appear anything like the woman he’d described in his pleading.
“Don’t worry,” Leventhal reassured her. “We’ve addressed everything your former husband presented in the petitioner’s pleading.” He smiled, then turned and opened the courtroom door for her.
As Alex and Leventhal walked into the courtroom, she felt swallowed up by the masculine oak that was everywhere—the judge’s desk was on a platform, and there was a long table facing the judge’s desk with the four now-empty chairs reserved for the attorneys and their clients. Behind the long table, there were four rows of seats for those who were waiting to go before the judge.
Alex turned to the right and looked at Gabe seated amongst the other couples and their attorneys. Impressive in his tailored gray pin-striped Armani suit and light-blue tie, Gabe appeared confident, but she wasn’t going to let that influence her. He was her enemy, th
e man who wanted to take her children from her. She took a seat in the last row and focused on the little stuffed animals on the judge’s desk.
The judge entered the room, took his seat behind the desk on the podium, and studied his computer. He announced, “Rodriguez vs. Santos.”
The first couple and their attorneys walked to the long table. The woman sat in the chair behind the petitioner’s placard, the man sat in the chair behind the respondent’s placard, and their lawyers took the two remaining seats between the couple. After only fifteen minutes, the judge made his determination and then called another case.
Waiting for their case to be heard, Alex watched as each group took their prescribed seats, the attorneys presented their positions, and the judge either made a decision or scheduled a hearing. Then the couples got up and vacated the courtroom—their lives completely altered by the judge’s proclamation.
Finally, Rose vs. Rose was announced.
In the now-familiar arrangement, Alex proceeded to the seat behind the placard for the respondent. Leventhal sat next to her, then Gabe’s attorney, and finally, behind the placard for the petitioner, Gabe took his seat.
The attorney for the petitioner, Mr. Wright, spoke first. He introduced himself to the judge and then introduced his client. He reiterated all of the accusations, a litany of lies.
Then it was Leventhal’s turn to speak. After addressing each accusation, Leventhal looked at Gabe. “It is our opinion that Dr. Gabriel Rose couldn’t have been worried about the safety of the children. If he were that concerned, he wouldn’t have waited twenty-one days. He would have demanded an emergency hearing.” Leventhal then requested that the judge ask Dr. Gabriel Rose why he hadn’t called for an emergency hearing.
The judge agreed it was a viable question and asked Gabe.
Gabe shook his head and looked down at his hands. “Your Honor, I wasn’t there, so I believed what Alex said about the incident. I wanted to give her the benefit of the doubt. But three days ago, the boys told me she’s been so … weird. Frankly, I’m terrified for them.”
“Can you explain?” the judge asked.
“They’ve told me that whenever she lights the oven, she stares at the flames and warns them to be good or she’ll do what her mother did to her. The boys can’t be left with her until she gets help.”
“That’s not true!” she exclaimed.
The judge looked at Leventhal. “You’ll have to restrain your client.”
The bailiff walked up to Alex and motioned for her to calm down.
Ignoring them, Alex continued in rapid fire: “I was reading the newspaper. Jon climbed onto my lap, and he knocked over the teakettle. There was no other—”
The bailiff moved closer to Alex. Standing right in front of her, he put his finger to his lips and narrowed his eyes.
Gabe smirked. “That’s exactly what I was referring to. She can’t control her emotions.”
Alex started to stand, but Leventhal pulled her down.
Gabe shook his head. “As I was trying to explain, after she burned our son, he had to be treated at my hospital. The dermatologist was considering a debridement for my little boy, and she just went off to work.” Gabe held his hands out, palms up, as though to show how useless she was.
“Yes, all that is in the petitioner’s pleadings,” Leventhal concurred, “but …”
After listening to Gabe twist the truth, tears welled in her eyes. She wasn’t this horrific woman he was describing, the one who was careless enough to burn her baby. And there wasn’t any mention of debridement.
“… as I was saying,” Leventhal continued, “we responded to each of the allegations.”
Alex started to defend herself but stopped, fearful she’d confirm Gabe’s allegations if she tried to tell the truth.
The judge took off his glasses, folded them, and looked at Alex. “I’ve reviewed the father’s allegations and the mother’s explanations. Wherein the father noted that the mother is ‘prone to rages,’ and the mother denies it, I feel it’s in the best interests of the children to go forward with a full hearing on this matter. We’ll schedule the hearing as soon as my calendar permits, but with the holidays—”
“Holidays!” Alex hissed. “It’s only October.”
“Shh,” Leventhal cautioned.
“I’m making this matter a priority.” The judge gave Alex a cautionary look.
“I’ll need to grant a temporary custody order. Will the mother agree to the temporary custody order providing for the children to reside with their father?”
Alex started to get up again, but Leventhal placed his hand on her arm.
The judge continued, “If we can’t come to an agreement, we’ll have to refer the children to Social Services for a dependency hearing. Therefore, will you, Dr. Alexandra Rose, submit to the tentative ruling?”
“Social Services,” Alex echoed. Her mind was whirling. Fear and anger gripped her as she faced the horrific fate that was unfolding before her eyes.
Leventhal moved the water bottle toward her and motioned for her to take a sip.
The judge continued to speak. Alex could barely make sense of his words. She was crazed with fear of losing the children forever. “Do something.” Alex wrote on a piece of paper and pushed the note to Leventhal.
The judge looked at Alex. “I’m issuing a restrictive custody order. Dr. Alexandra Rose will have monitored, supervised visitation. The visitations will be in the presence of a sister or brother or any other family member or friend. If you cannot agree on the individual, then the court will provide a monitor whose salary will be paid for by the noncustodial parent.”
“I don’t want anyone with me,” Alex whispered to Leventhal.
The bailiff ran over to her, looked at her sternly, and shook his head.
“Shh,” Leventhal cautioned.
Gabe gave the judge a conciliatory nod.
“Please have your client present a list of monitors.” The judge nodded at Leventhal.
“This can’t be happening,” Alex moaned.
Leventhal called for a break to confer with Alex. They went to the hallway, and he presented her options: “If we don’t agree on a monitor, the court will appoint one. If they select an independent court-appointed monitor, then the children and the ‘supervised parent’ are required to have their meetings at the agency’s facility.”
She couldn’t think.
“Pick someone you trust,” Leventhal urged, “or they’ll appoint someone.”
Alex thought of her girlfriends. Except for Meredith, who was always traveling, the other First Friday women had husbands and families. Their lives couldn’t be interrupted. Then she thought of Seth. He’d promised to help her if she needed him.
“Seth,” she whispered.
They returned to the courtroom and presented her choice.
Gabe conferred with his attorney.
“My client agrees, Your Honor,” Wright said.
“Dr. Alexandra Rose, what are your current business hours of operation?” The judge took off his smudged glasses and looked at Alex.
“I can alter my schedule however I see fit,” she said.
The judge looked down at some papers on his desk. “Well, let’s do Saturday and Wednesday afternoons from noon to seven. How does that sound?”
“Why can’t I see the boys more?” Alex whispered to Leventhal, who turned away from her to agree with the judge.
“Now, Dr. Gabriel Rose, you are to understand that the order is temporary. That means the children are not to take all of their possessions. Do not consider this a permanent custody ruling. It’s only a precaution for the children.”
“A precaution?” Alex repeated and moaned.
The judge folded his arms across his chest. “You’re both to remember this is not about you. It’s about your children. I hope you act in
a civil manner, even if you have to fake it. I’m ordering both parents to refrain from discussing the matter with the children. You’re not to give the children any written or oral instructions about how to act while with the other parent. Your relatives, should the children spend time with them, cannot ask questions about this matter.”
Alex put her head in her hands.
The judge turned to his computer. “The trial will commence on January—
“Why?” Alex whispered to Leventhal, who put his finger to his lips, cautioning her to be quiet.
“Mr. Leventhal, if you cannot restrain your client, I will have to hold her in contempt.” The judge looked sternly at Alex and proceeded, “Now, I’ll need a Seven-Thirty evaluation in order to help me decide on the issue of permanent custody.”
“Seven-Thirty?” Alex wrote and pushed the note to Leventhal.
“A report from a psychiatrist, psychologist, or social worker,” Leventhal wrote on a piece of paper and handed it to Alex.
She couldn’t breathe, she started to sweat, and she felt as though the room was spinning. She grabbed on to the table to steady herself.
“Your Honor, we’ve taken care of the evaluation. With the permission of the court, we’ve spoken to the office of Dr. Weisbarth, just in case it came to this.” Wright smiled confidently. “I do believe he’s on your appointed list.”
The judge riffled through a stack of papers, pulled out a sheet, and reviewed it. “Dr. Weisbarth is acceptable.”
“Your Honor, we have a tentative appointment scheduled in three weeks with Dr. Weisbarth. My client has already advanced his portion of the fees and will proceed if agreed.”
“If the other party agrees, we will use Dr. Weisbarth,” the judge stated.
“Agreed,” Leventhal said.
“Why does Gabe choose?” she wrote.
“It’s fine,” Leventhal wrote.
“Nothing is fine,” she whispered.
“The temporary custody order is in effect until we reconvene.” The judge restacked his papers, preparing to hear the next case.
“How did Gabe already make an appointment with a psychiatrist?” Alex asked.
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