Appeal to the Heart

by David Horne

  He sat forward with a heavy sigh.

  “I also think that Ms. Banfield’s doing this in her own selfish interests, not with regards to the children. She just wants to hurt Joe and restrict access to his kids.”

  “That’s not an uncommon thing, Alex.” Craig tilted his head to the side. “Are you trying to go against your client, Mr. Cooke?”

  “Come on, Craig! I’ve just slept with the ex. I might as well go the whole hog.”

  “I’ll ignore that comment you’ve just made, even if it’s ex-parte.” Craig sighed. “But you’d better give Ms. Banfield to an associate of yours, providing you take a complete step back. From all of it.”

  “I understand.”

  Alex definitely understood. That meant not going anywhere near Joe until the case was over. He had to keep himself completely detached from it all. No contacting Joe at all. Alex didn’t like the thought of that. He had hoped to pass Tracey onto someone else and then he would be free to discuss things more openly with Joe. Now Craig was telling him to keep away?

  Alex didn’t know if he could do that.

  “Alex.” Craig was giving him a hard look. “You came to me to let me know what you’d done, which was the right thing to do. You told me the truth, and I appreciate the honesty. But you have pushed yourself over the line a little too much. Don’t wipe it out completely by being stupid.”

  “I won’t, I promise.”

  “Good.” Craig shook his head. “It’s hard enough to be on this case with Alistair telling me to favor Joe Swarbrick without you saying you’ve slept with the damn guy.”

  “Alistair?” Alex blinked. “Why would Alistair be telling you anything?”

  “They used to be neighbors before Alistair moved in with me. He knew Joe and the kids. Said Lily and James were sweet, good children and Joe was a doting parent. It was the mother who was less than stellar.” Craig shook his head. “He wanted to tell me more, but I had to tell him to shut up or I would have to hand this to another judge.”

  Alex knew what that meant. Passing it to Philip Clarke, the other judge on the family court circuit in the Northridge area. He was a sexist pig who gave children to the mothers no matter what they had done. Alex knew Tracey had been hoping for Judge Clarke to be on her case instead of Craig, expecting it to be going in her favor if that was the case.

  “Tracey Banfield is a vindictive woman.” Alex murmured. “She needs help, but she refuses to do anything.”

  Craig’s mouth twitched.

  “I think you need to stop talking there, Alex, or my decision is going to be swayed quite a bit.” He walked around his desk and sat down. “You can’t choose your clients in your field of expertise. But you can choose when to take a step back.”

  “I thought we could choose our clients.”

  “Only when you’ve already taken them on. When the crazy starts showing.”

  Alex wished he could choose his clients. Give them a test beforehand to make sure they knew the person in question wasn’t crazy. That probably wouldn’t go down well with the rest of his colleagues. They had to take each case when they could. If someone was crazy, there was a limit. But none of them crossed the limit, although Tracey Banfield was getting very close to doing that.

  “Look, Alex,” Craig sat forward at his desk, “I’m not about to tell you what to do…”

  “But you’re going to do it anyway.” Alex quipped back. “As you normally do.”

  “But I don’t want to hear you being anywhere near this case until it’s over. Understood?”

  “Understood.” Alex could do that. He hesitated. “What about Joe Swarbrick?”

  “Joe Swarbrick.” Craig rubbed his hands over his face. “Keep away from him. You won’t do yourself any favors trying to talk to him. If anything, it might be seen as something that could jeopardize the case, which you clearly don’t want. You’ll be lucky if he doesn’t say anything to his lawyer. Stephen will certainly make the relative people aware of it.”

  “But we genuinely didn’t know who the other was!”

  “People might not see it that way. You don’t want a lawsuit from Ms. Banfield, do you?”

  He had a point. Tracey would do just that if she saw things not going her way. And this case was not going to go her way; Alex could see that a mile off. He had a feeling Tracey was going to be out for blood when she doesn’t get the verdict that she wants.

  And all she had to do was do some parenting classes and get professional help for her undiagnosed conditions. Alex was sure there was something underneath her animosity. But Tracey was too stubborn and thick-headed to do that. Alex didn’t see things going her way if she kept pushing back.

  “Will I get into trouble?” He asked.

  Craig was silent for a little too long. That wasn’t good.

  “I don’t know. Honestly, I don’t. But just hope it stays under wraps.”

  ***

  Joe finally closed the book with a heavy sigh.

  “Okay, that’s the last time I’m reading this book tonight.”

  “Oh, Dad!” Lily whined, but Joe shook his head.

  “No, Lily, I’ve read it three times already, and my throat is starting to hurt. You need to get some sleep or you’re going to feel awful tomorrow.”

  Lily pouted. She was a good, solemn kid who followed the rules, until it came to bedtime. She always tried to find an excuse to stay up and do something else. Joe pandered to her occasionally, but there was only so much before he started getting fed up. And he would not lose his temper with his daughter.

  Tracey would love that if he did.

  “Come on, Dad!” Lily pouted. “Just once more?”

  “No, Lily.” Joe put the book on top of the toybox beside the bed. “If you want to have it read, read it yourself. But you are going to sleep. If I’ve got to get up early to get you ready for gymnastics, the least you can do is do as you’re told and close your eyes.”

  “Fine.” Lily flopped onto the bed and picked up her favorite stuffed bear. “But I’m not sleepy.”

  The moment she finished saying that, Lily started yawning. Joe laughed and kissed her head.

  “I’m sure you’re not, sweetie, but you’ve got to try.” He switched on the nightlight. “Goodnight, Lily.”

  “Night, Daddy.” Lily’s voice was muffled as she started to curl up. “Love you.”

  “Love you, too.”

  Getting his daughter to bed ended up being more negotiation than anything else. Joe knew he should put his foot down, especially now Lily was in school and needed a stricter bedtime.

  At least James was easy with bedtime. The moment Joe told him, he was making his way upstairs to wait by the bathroom. Such an easy child when it came to routine. James was just laid-back in pretty much everything, a happy kid.

  How could anyone hate a child like him? Tracey was certainly turning out that way. She had no motherly instincts for him at all. She hadn’t been able to bond with James from birth, and Joe had seen that upset her. But Tracey refused to get help because her mother said so. The old bat said it wasn’t meant to be so Tracey hadn’t bothered fixing the issue.

  It was heartbreaking, but almost something of a relief when Tracey left. James was certainly much better not having her under the same roof every second.

  Joe closed the door to Lily’s room, and then he headed downstairs. His mother was over, and his dad would be arriving soon for some adult time. They often played cards or watched a movie or TV series. Just some bonding time with his family. Joe enjoyed this time; it was one of the few times when he could spend even a few minutes with adults. He was at work in his office or around his kids so much, Joe often forgot how to talk to adults, especially the childfree ones. He had gotten so many strange looks once he started talking Joe was often afraid to open his mouth. At least his parents didn’t judge him.

  Alex didn’t judge him, either. Then again, he didn’t know the whole truth about Joe. Now he did, but from the look of it Alex wasn’t judging him, e
ither. He was also trying to distance himself from Tracey while still being her lawyer, which Joe found somewhat amusing. Tracey’s mental instability was getting to the point where it was making sane people keep her at arm’s length. Alex was stuck.

  He and Tracey were really going to butt heads.

  Joe did feel a pang of sympathy for his ex. She had had some mental issues when they met, but she had been getting help at college. Distance from her family had helped. But after James and she ended up getting depressed and unable to bond, Joe had suggested moving closer to their families for some support. Which meant Tracey got back under her mother’s clutches. Now she was drinking the Kool-Aid and believed anything her mother said.

  By the time James was two, the damage had been done. Tracey was back under her mother’s thumb, and she wasn’t looking after her mental health. That and her animosity toward him didn’t help anything, and Joe was scared that Tracey could take it to another level. Hopefully, if the court made her go into services to get help and she cut off her family, Tracey could straighten herself out.

  That was not likely to happen, given how Tracey was now, but Joe wished that she would do it for her children. She was going to alienate her children from herself, at this rate.

  This was a mess. Joe just wanted the mess to straighten out and they could co-parent without arguments. But until Tracey got help, that wasn’t going to happen.

  His mother was in the hallway, the front door partially open as she stood on the rug, arms folded with a scowl. Joe frowned.

  “Mom, why’s the front door open?”

  “There’s someone here to see you.” Raina Swarbrick pursed her lips. “Says his name is Alex. He promises not to disrupt things, but he does need to talk to you. Won’t budge when I told him to go away.”

  Alex was here? He had to know that being here was a bad idea. Joe muttered a curse under his breath. He was still hurt over that morning’s discovery. Surely Alex had gotten the message after he got punched in the face?

  “Who is he, Joe?” Raina asked.

  “Tracey’s attorney.”

  Raina’s eyes widened.

  “What’s he doing here? Isn’t that bad practice? You could claim harassment…”

  “No, I won’t do that.” Even at his angriest, Joe couldn’t do that. “It’s nothing to do with our custody case.”

  Nothing, and yet everything to do with it. Raina’s eyes were now narrowed and she peered suspiciously at her son.

  “What aren’t you telling me, Joseph?”

  He could lie, but Raina would then pester him until he told her the truth. Joe always got worn down. He braced himself. She was not going to like this.

  “He and I... We were…” How could he put this delicately? “We were together the night before our mediation.”

  It took a moment for Raina to figure out what she had heard. Her mouth fell open and she was now staring at Joe like she had witnessed him growing a second head.

  “You what?”

  “Don’t look at me like that, Mom.” Joe grimaced and looked toward the door. If Alex were out on the porch, he would be able to hear all this. “Neither of us knew who the other was until we walked into the mediation. If anything, Alex’s job is already on the line if it comes out that he did.”

  “So, what the hell is he here for?” Raina demanded.

  “I don’t know. Honestly!” He protested when Raina snorted. “I don’t know.”

  Raina shook her head and glowered at the door. Joe could see her going into protective Mama Bear mode. Even though he was pushing thirty, Raina Swarbrick would always bare her teeth and snarl if anyone threatened him. She had done that multiple times with Tracey to the point Tracey knew to keep away from her ex-mother-in-law.

  At least she was smart on that bit.

  “Do you want me to tell him to go away? I can call the cops…”

  “I’ll go and talk to him. Alex is harmless.”

  That wasn’t quite true, but Joe wasn’t about to get into it. Raina still looked unsure.

  “If you’re sure?”

  “I’m a grown man, Mom. I can take care of myself.”

  Raina shook her head and walked toward the kitchen. She wasn’t happy about this, but Joe wasn’t doing any of this to make her happy. He could make his own decisions, even if every time they met they couldn’t keep their hands off each other said this was a bad idea. He needed to be objective.

  There’s nothing objective when it comes to Alex Cooke.

  Joe stepped out onto the porch. It was colder than normal, and the wind seeped through his sweater. Joe shivered as he headed off the porch and toward Alex. The man was standing on the lawn, looking out at the rest of the houses in the cul-de-sac. Joe had been in charge of picking their family home, and he felt he had made the right choice. It was a beautiful area, close to a park and a school, and it was safe enough to make Joe feel okay with Lily playing on the street with her friend across the road. It was a forever home, which he was now living in without a spouse.

  “Lovely home you’ve got.” Alex didn’t turn around as Joe approached him. “It’s almost like a picture on a postcard moment.”

  Joe didn’t know what to say to that, but he didn’t miss the wistful tone in Alex’s voice. Then he thought about Alex’s apartment, which had shown that it was a bachelor’s pad. And it hadn’t shown much personality. Alex kept himself detached from everyone, almost as if he was scared of getting hurt.

  The one time he relaxed himself on that, and he ended up getting hurt anyway.

  “Come into the back yard.” Joe headed toward the side gate. “We can talk in private there.”

  Plus, if they did end up grabbing each other again, and already Joe could feel the urge to reach out and touch Alex, he didn’t want to give the neighbors an eyeful.

  He heard Alex’s footsteps behind him as they went down the side passage and out into the backyard. Joe had worked hard on creating a playground for the children, from swings to a wooden play fort and even a treehouse. One a bright, sunny day, the children could spend all day outside, only coming in when it was time to eat or sleep. Joe was immensely proud of what he had created.

  “Nice.” Alex inspected the back yard with approval. “You’ve done a good job with it.”

  “I want the kids to have what they want, within reason.” Joe went to the swings and sat on one of them. He began to gently push himself back and forth. “I’ve had moments when Tracey’s family tried to snatch them at the park, so I got incredibly paranoid every time we went out. Another reason for creating a park out here.”

  “Tracey’s family is as bad as I think.”

  “Yep. Not that Tracey would admit to that, and I’m sure she said they were paragons of virtue.”

  Alex shoved his hands into his pockets. He had changed out of his suit and was now wearing jeans and a thick burgundy jumper that hugged his chest. He looked just as good in jeans. Joe shook himself. He needed to focus.

  “She said they were good people and they didn’t deserve to be victimized as well. I never had the pleasure of meeting them.”

  “Well, I’m not going to have the pleasure of meeting them at all.”

  “What do you mean?”

  Alex hesitated and looked away. He looked suddenly unsure of himself. Not Alex, someone who pretty much gave off confidence like it was a cologne. Alex rubbed a hand over his face with a sigh.

  “I’m stepping down as Tracey’s attorney. One of my colleagues at my practice will represent her. I’m not having anything to do with the case anymore.” He looked up at Joe. “I thought it was best that you heard it from me.”

  Joe stared. He was recusing himself? He wouldn’t be the first lawyer to do that with Tracey, but Joe didn’t expect Alex to actually do it. He seemed to be the one person who could actually get Tracey to see reason, given time. And Alex was bowing out already?

  “I see.” God, that sounded lame. Joe stopped the swaying on the swing. “Dare I ask why?”

 
; “I think you know why.” Alex shook his head. “Even though we weren’t on the clock, plausible deniability is not an excuse for sleeping with the opposing client. It’s not quite a conflict of interest, but it’s close enough.”

  “I would’ve thought it would be because of Tracey’s bullshit. Everyone else did that.”

  “That’s not enough for me, though. I believe everyone has a chance, even if I want to run away.”

  “But if you give the reason why, Tracey is going to know.” Joe sighed. “It’s none of Tracey’s business what we did. Or anyone else, for that matter.”

  “I haven’t told anyone but the judge the real reason. Everyone else believes that I’ve come down with the plague, so I’m currently off-work to recover.”

  “Wait, hold up.” Joe stared. “You told the judge about us? Are you insane?”

  “Judge Harvey and I have known each other for years, and he can smell a lie like a fart in the bath.”

  “That doesn’t make much sense.”

  Alex’s mouth twitched.

  “Let’s just say he can tell when I’m lying. He agreed that I should remove myself from this completely. He won’t say a word about it, so you can count on his discretion.”

  Joe wasn’t sure about that. He knew when Monday came and the judge was sitting before them, the man would be looking at him and know what they had done. Not exactly how Joe wanted Monday to go.

  “You shouldn’t have come over to tell me, Alex.”

  “Would you have accepted a phone call from me?”

  “Fair point.” Joe frowned. “But you shouldn’t come over anymore. It’s not a good idea.”

  “I know. Judge Harvey told me to keep away from you in the meantime.” Alex stepped toward the swing. “But I... I had to come.”

  “No, you didn’t.”

  Joe knew he should stand up and put distance between them. Alex was getting too close, and this was dangerous. But he couldn’t move. He didn’t want to move as Alex took hold of the chains of the swing and leaned over, his face inches from Joe’s. His expression was solemn, the look in his eyes sad. But there was something else as well. Something soft, close to affectionate. There were still feelings on Alex’s side, even after being slugged.