Appeal to the Heart

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Appeal to the Heart Page 2

by David Horne


  “If I didn’t know better, I’d say you were here to drink my coffee.”

  Mark chuckled.

  “It’s certainly a perk coming here. But I hate the fact I have to come here because of an anonymous phone call.”

  Anonymous phone call. They both knew who was calling. For the fifteenth time in four months, someone was trying to claim that Joe was abusing his kids. Any person with a brain would look at them and know Joe was not going anything of the sort. Having to explain that to people who believed a rumor was getting tiresome.

  Glancing over Mark’s shoulder at the children, who were now back at their coloring, Joe lowered his voice.

  “Can’t you put something in my file to say this is not a dangerous household and my kids are fine, please stop visiting us? This is getting ridiculous.”

  Mark sighed.

  “I have, twice. But my supervisor says we have to investigate no matter what. Things can change drastically between calls.”

  “That’s as may be, but I’ve never been abusive or neglected Lily and James. You’ve seen that each time you’ve come here, twice with a colleague who agreed the children were fine. I swear if you keep coming over, you’re going to be moving in.”

  Mark chuckled.

  “Trust me, you wouldn’t be able to handle me.” He wrapped his hands around his mug. “These calls are ramping up in their allegations. I won’t divulge what was said but believe me when I say it was bad.”

  “I don’t doubt that.” Joe grunted. Tracey liked to exaggerate. She had learned that from her mother. “Why does your boss keep pushing this? Is he fucking her or something?”

  “Considering how much of an asshole he is, I wouldn’t be surprised.” Mark sighed. “I told him that it was a waste of time. I’m slightly jealous that you keep the house so clean as a single dad.”

  “Working from home with my own hours helps a lot with that. And my mom and dad are nearby to help out.”

  Practically the next street. Joe’s dad Eric was often at work, a workaholic to the last, but he was devoted to his grandchildren. And his mother Raina, someone who kept herself busy with various craft projects to sell on market stalls, was often over to help out when Joe asked. Their help was much appreciated, just so Joe could get work done if needed. Mark knew all about that. Joe had a support system who wouldn’t put Lily and James in harm’s way. It had been put in his file.

  And they still investigated him.

  “Your ex is trying to make a case to get custody, isn’t she?” Mark asked quietly.

  Joe frowned.

  “You know we can’t discuss that, Mark.”

  “I’m talking to you as a friend. I think the amount of times I’ve been here, I’m close to being a friend.”

  He had a point. And Mark had been very open. Joe needed someone to talk to. He sipped his coffee and rested his elbows on the counter.

  “Tracey’s demanded full custody with limited visitation for me.” He whispered. “She kept pushing the kids on me toward the end of our marriage, and now she wants them completely? Not a chance.”

  Mark arched an eyebrow, but that was the only reaction. It was like he had heard that before.

  “She just doesn’t want you to have them. Tracey may not want Lily and James for herself, but she knows how much you love them. She wants to take away what you love the most.”

  So, it didn’t matter what happened to the kids, as long as Joe didn’t have them Tracey would be happy. God, that sounded cold. Not like the warm, happy woman he had married while they were in college. Joe wasn’t sure he knew the woman anymore.

  “I wouldn’t be surprised if she brings out a file during mediation tomorrow with things saying that I’m a bad guy.”

  “She can’t produce what isn’t there, Joe.”

  “She can give it a good go.”

  Mark sighed.

  “Look, you’ve got documentation that you’re a good parent, and the kids are thriving under you. You’ve shown you are not a risk to anyone. The judge in the family court is solid. He knows a decent person when he sees one.”

  “If you’re talking about Judge Harvey, I know he’s solid.” Joe shook his head. “I doubt he’ll be the one presiding over it, though. His partner Alistair used to live next door to us until he moved in three months ago.”

  “But do you know Judge Harvey directly?”

  “No, I don’t.”

  “Then you should be okay.” Mark tapped the counter with his fingers. “Look, just take a deep breath and keep your head up. It’ll get better. And I’ll have a meeting with my supervisor and his boss to make sure you’re left alone. It’s going to disrupt the children more if we keep coming here.”

  That was something. At least Joe had someone on his side. It did feel like he was on his own when the authorities were up against him. Tracey had called the cops on him three times as well, accusing him of abuse and violence. By the third call, the cops were fed up and told Tracey to stop or she would be arrested. Joe knew about that because he had ended up with a phone call that left his ears ringing once Tracey had stopped screaming at him. She had really gone off the deep end.

  “With you around,” Joe said as he raised his mug, “I have a bit more faith in CPS.”

  “Don’t have too much faith in us yet. Not all of us are decent.”

  “Wow, not what I was expecting you to say.”

  Mark grunted.

  “You spend an afternoon in my shoes with my coworkers and you’ll understand why.” He downed the rest of his coffee and put the mug aside. “I’ll let myself out.”

  “Sure.” Joe grinned. “Mom and Dad are taking the kids for a sleepover tonight. Fancy a beer later?”

  Mark stared at him.

  “You don’t think that’s a conflict of interest, do you?”

  “Only if the note in my file is ignored.”

  Mark looked stunned. Joe knew it was an odd thing to say - he was offering a CPS worker a drink after work, for God’s sake - but he felt like he needed to vent. His friends and family had all been talked to death, or close enough. But Mark had experienced Tracey’s crazy family first-hand. He would understand more than most what Joe was going through. And Joe really needed a friend right now.

  Finally, Mark grinned and nodded.

  “Okay. I’ll let you know when I’m done. Just tell me when and where.”

  “Will do.”

  Giving Joe a nod, Mark headed toward the door, giving both children a wave.

  “Bye, kids. Be good.”

  “Bye.”

  Lily didn’t look up, still focused on her coloring. But James looked up and waved back with a beaming smile.

  “Bye!”

  Mark glanced back at Joe and then headed into the hall. Moments later, the door opened and closed. It was only then that Joe felt the band around his chest loosening. God, he hated CPS visits. At least he had a decent guy coming over to see if he had burned the house down. If it had been anyone else, anyone less sympathetic, Joe would not have coped well. He hated people seeing him in a bad way. Having them see him as abusive and violent because of his ex-wife’s accusations hurt. A lot.

  He could only hope that Tracey saw sense eventually and stopped. If she didn’t, the only one in trouble would be her. And much as Joe wanted that so she could suffer the consequences, he didn’t want it to come to that. Somehow, it wouldn’t make anything any better.

  ***

  Alex barely looked up when there was a knock at the door.

  “Come in.”

  The door opened and his receptionist stuck her head in. She didn’t look happy.

  “Ms. Banfield is here for her appointment, Mr. Cooke.”

  Alex sighed. God, Tracey Banfield. That was more than a headache for anyone to deal with. He would rather see her as little as possible, but with how unpredictable Tracey was, Alex knew briefing her before the mediation between her and her ex-husband was vital. He didn’t need her going off-script and going crazy.

  �
��Show her in, Sharon. I’ll finish off here.”

  Although dreaded paperwork was preferable to his client. Tracey had come into his practice’s offices two weeks before, saying that she had gotten rid of her last lawyer for being incompetent and she needed one fast. Alex had been taken in by Tracey’s declaration that her ex was keeping the kids from her and was abusive. Having grown up in an abusive household, he understood the severity of the situation.

  Until he called her last attorney to figure out more about the case. That was when he was told Tracey was fired as a client, as she had been from the attorney before that, and the woman she used for her divorce before that. Because Tracey was always asking for things that would be practically impossible and she wasn’t proven to be the stable parent. After calling around, Alex realized that he and his practice were in possession of a crazy woman.

  But he had agreed to take her on, and Alex felt bad for firing her before they had done anything. So, he decided to see how it went. Maybe he could get Tracey to calm down and see reason. That had happened before.

  Two weeks, and Tracey was not calming down. She seemed more than determined to mess up her ex’s life and take the kids. Alex wasn’t even sure if Tracey knew how to look after children. She didn’t even know her youngest’s date of birth, which stumped him. Even at her worst moments, his own mother never forgot when he was born.

  There had to be some drug use. But Tracey refused to do a drugs test, stating she wasn’t using. Alex thought otherwise. Either that or she had some mental health problem she hadn’t looked after properly. His colleague Mary wondered if it was postpartum depression and she hadn’t gotten help. That was also possible. If only he could get his client to see a therapist. That might help her case in wanting custody of her children.

  Therapy. Alex often felt like he needed some after dealing with that woman.

  He put his letters aside and rose to his feet as the door opened wider and a tall, slim woman with long hair curling about her shoulders strode into the room. He had to give that to Tracey Banfield; she had confidence. A lot of it. She was a pretty woman, and she knew it. Today, thankfully, she was dressed a bit more conservatively in woolen gray pants and sensible pumps with a pale green blouse. At least she was learning that she couldn’t come into his offices wearing attire that was bordering on just a strip of cloth. Probably thought she could seduce him and had given up when Alex didn’t bat an eyelid.

  If only she knew how wrong she was.

  “Mr. Cooke.”

  Tracey gave him a nod and a brisk handshake. She had a really strong grip. Alex pitied the ex-husband being in the way of her anger.

  “Ms. Banfield. Please, take...a seat.” He finished as Tracey plonked herself down in his visitor’s chair.

  Tracey huffed and crossed her legs, placing her purse in her lap as she bounced her leg.

  “Do we need to have this appointment? We’ve got the mediation tomorrow. We can meet then.”

  “Well, we need to go over what we’re going to give your ex-husband’s lawyer. Know what we’re going to say.” Alex sat down and reached for the file he had set aside. “I want it to go smoothly tomorrow, and I need to know that you’re on board with this.”

  “Oh, I’m more than up for this.” Tracey said darkly. “Trust me.”

  Not exactly what he meant, but Alex would take it. He opened the file and glanced over Tracey’s demands, neatly typed out on six sheets of paper. This was the longest custody agreement he had written. And most of it, Alex was stunned at. He schooled his expression into a blank slate and began.

  “I’ve looked over everything, got it prepared. I know you’re going for full custody.”

  “Damn right I am.” Tracey declared. “Joe’s neglected the kids so much I’m surprised they’re still alive. I feel like crying every time they come to me for my weekend. It’s just…” She gave a little sniff. “It’s just awful.”

  “Right.” Alex chose to ignore most of that. Something about it didn’t ring true. Why did I agree to this in the first place? “If that’s the case, Ms. Banfield, why didn’t you take them with you when you left two years ago?”

  “I didn’t have anywhere to go. I just had to get out of there, but I would have had the kids on the streets with me.” Tracey scowled. “At the time, I thought it would be best for them to stay with my ex. Now I realize that was a mistake, and I can’t get them back.”

  That was the thing. Alex had spoken to the other lawyers and knew that Tracey had tried to take them before. There was no fixed custody agreement, just emergency custody until the hearing where the kids stayed with their father. Tracey couldn’t stay in one place for long before she was moving on. She had attempted to take the kids, only to be reported for attempted kidnapping. But Tracey didn’t seem to realize that she was making her case worse. When the previous lawyer had pointed that out, Tracey had screamed at him so much for being on her ex-husband’s side that the lawyer simply fired her and had her escorted out of his office.

  He had inherited a bunch of crazy. And Alex was beginning to regret it. Not much craziness had happened with him, but he could see it bubbling underneath the surface. He shuddered to think what would happen tomorrow.

  Alex’s heard his cell phone buzzing. Normally, he wouldn’t check his phone during a meeting with his clients, but Alex was desperate for a distraction. He checked the message, and realized it was from his opposing counsel, the ex-husband’s lawyer. What he saw made his heart sink. Not again.

  “Mr. Cooke!”

  Alex looked up. Tracey was scowling at him.

  “When you’ve quite finished?”

  “Sorry. It was from Mr. Swarbrick’s attorney.” Alex turned his cell phone over on the desk. He would respond later. “About another CPS complaint made about his client. This time, CPS have put a note in his file that things are okay and not to take any calls about the family in the future.”

  “What?” Tracey looked horrified. “They should be doing their jobs! My kids should’ve been out of there by now. I can’t believe they take his word over mine.”

  Alex paused.

  “Are you admitting to calling CPS on your ex?” He asked. “Fifteen times?”

  “Damn right I am.” Tracey declared. “He’s abusive and I get my kids coming to me covered in bruises. I want them out of there, but he won’t release them to me.”

  “That’s because Mr. Swarbrick has temporary custody due to a stable home and childcare until this is sorted out. Even you admitted during the divorce that it was the best thing to do for now.”

  Tracey pouted. She looked less like a twenty-eight-year-old woman and more like a ten-year-old little girl.

  “I have no idea why I said that. Because he’s not appropriate. Not at all.”

  Alex had managed to get reports from CPS through a contact. Not exactly legal, but it was a favor. Joseph Swarbrick’s house was immaculate, and his children were healthy and happy. The reports were glowing in how good the house looked. Either the CPS worker in question was sleeping with the ex-husband, or it really was a good home.

  Alex was going with the latter.

  “I wish I could just take them and not give them back.” Tracey said. “I could do that. I am their mother.”

  “I would advise against that, Ms. Banfield.” Alex warned. “It will look bad for you if you screw up the current arrangement while going for what you want. Toe the line and document everything, as I told you. Calling CPS on your ex is not going to help you. I would suggest not answering that if asked.”

  “Why not?”

  “Because it won’t be favorable on you. It will just make you look vindictive.”

  Tracey’s lips tightened. For someone who needed a lawyer to negotiate the legal stuff, she was not good at listening to advice.

  “Are you saying I should just let them be abused?”

  “We don’t know for sure if they are being abused…”

  “I’ve seen the bruises!”

  “Which could b
e from normal childhood things. I remember getting lots of bumps when I was four.” Although most of them weren’t normal childhood encounters. “If you keep calling CPS, one of these days they’re not going to follow up and then you’ll be on the hook for falsifying allegations.”

  “They’re not false!” Tracey cried.

  “Do you want to push it and be charged with false accusations? Because that will work against you, trust me.” Alex rubbed his hands over his face. “I know there’s animosity toward your ex-husband, but we’re trying to do this for the kids. It’s not about hurting anyone…”

  “Speak for yourself.” Tracey muttered.

  Alex ignored this. If he picked at everything, they would be here all night.

  “The focus should be on what’s best for your children.”

  Tracey sat forward. Her eyes were glittering.

  “I know what’s best for them, Mr. Cooke. Lily and James need to be with me. I’m their mother.”

  “And Mr. Swarbrick is their father.”

  Tracey almost bared her teeth. Her composure was really slipping. Did she think she was going to come in and expect Alex to agree with everything?

  “I thought you were meant to be on my side.”

  “I’m trying to be objective, Ms. Banfield. And you need to make sure you conduct yourself in a way that the judge won’t find detrimental to the children should they go into your care.”

  “I can do that.” Tracey rose to her feet, slinging her purse over her shoulder as she puffed out her chest. “You’ll see, Mr. Cooke. I’m good at showing how much of an example I am. I’m supposed to have the children, not Joseph. He doesn’t deserve it.”

  “Ms.…”

  But before Alex could finish, Tracey had turned swiftly and left the room. Alex was left staring at the spot where she had been. They hadn’t even finished, and she had just walked out. From the way she behaved, Alex was sure she wasn’t going to follow his advice. Tracey had her own agenda. She just needed a legal person to deal with the custody. Lawyers were just her pawns. In her eyes, a formality.

  She genuinely had no idea that the demands on her custody agreement were mostly outrageous and no reputable judge would agree to them, especially with her current attitude. Alex could swing about half of it as a compromise, but no way would he be able to get all of it. Not unless the judge was crazy himself, and Alex knew the judge who would be on their case when they met in court on Monday. Judge Craig Harvey was no-nonsense. Fair, but he could smell a bad deal a mile off. He wouldn’t allow any of it.

 

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