Appeal to the Heart

by David Horne

  “Well.” Mary rubbed her temple, looking rather bewildered. “Of all the people I expected to sleep with clients, you were not one of them.”

  “You make it sound like I planned it.” Alex grumbled. He paced away and slumped into his chair. “How was I supposed to be on a client’s side after having intimate knowledge of the other party? Especially when I have a different opinion of him that clashes with hers.”

  “Oh, dear.”

  “What?”

  Mary shook his head.

  “You’ve got it bad, haven’t you?”

  Alex thought about denying it but gave up. Screw it.

  “I do. Is that possible after a couple of hours?”

  “Definitely. I married my husband within three months of meeting him, and I knew he was it for me within twenty-four hours.” Mary smiled. “It’s perfectly possible. Although in your case, it’s more a case of very bad timing.”

  “It would be just my luck, wouldn’t it?”

  “Pretty much.” Mary pursed her lips, looking pensive. “So, what are you going to do now?”

  “You mean immediately or in the long-run?”

  “Both.”

  Alex ran his hands through his hair.

  “Right now, I’m getting some papers to work on while at home. I’m meant to be working off a chest infection, so I shouldn’t be in the office. Long-run? I’m not sure yet.” His head was beginning to hurt. “I just want all this to be over. Craig’s told me to keep away, and I know he’s right, but I feel like I can’t. And I have no idea if pursuing a relationship with a man clearly conflicted is a good idea, considering how we met.”

  “I see.” Mary strolled toward him, still looking thoughtful. “How are you when you’re alone with him? If you are alone? I’m sure there haven’t been many occasions for it.”

  “We’ve been alone since that night. And it…” Alex couldn’t believe he was discussing this with a colleague. “It’s just hot and heavy. Even with Joe’s reluctance on this, we can’t keep our hands off each other.”

  “Even after you know who each other is now?”

  “Yes.”

  Mary tapped her finger to her lips.

  “I think the fact you two are still behaving like a couple of rabbits is very telling.”

  “We don’t have sex, Mary.”

  “And I’m sure if you hadn’t been interrupted, it would have happened.” Mary quipped. “This is going to be more than a passing fancy. To you, certainly, if not Joe.”

  That was what conclusion Alex had come to. This was something more. You didn’t connect on a deeper level with just anyone. These things were hard to come by. When that connection, even in just a few hours, was found, it was something to be held onto. Joe seemed to act like he wanted to chuck it away. But then Alex saw the look in Joe’s eyes that night in his back yard. He felt it, too, and he wished he didn’t.

  Maybe once this custody case was sorted and Alex’s firm had no specific ties to Tracey, they could discuss it further. Alex wasn’t about to throw it away because of bad circumstances. He wanted this. He just needed to make sure Joe was on board.

  Alex growled and pushed off the desk, giving it a kick for good measure.

  “Goddammit! Why can’t I just have a normal, regular relationship like anyone else? Why do I have to make it difficult for myself?”

  Mary laughed.

  “Because you have a habit of making things difficult, darling.” She turned him around and squeezed his arms. “Look, take a moment to yourself. Then come with me and sneak into the courtroom.”

  “You what? But Judge Harvey…”

  “I’ll make sure he doesn’t see you. I’ll focus on the case; you focus on being a silent support for Joe. I’m sure he’ll appreciate that.”

  Craig was not going to like this. Not at all. But Alex wasn’t about to pass up a chance to be there for Joe, even if he couldn’t openly say it.

  “How am I going to explain myself if people ask me if I’m meant to be sick? I said I was coughing up mucus.”

  Mary groaned.

  “Don’t give me those details. Just say you drugged yourself up to see how things went. I’ll deal with the actual case, while you deal with not being seen by someone who could rat you out.”

  The fact Mary was helping him made Alex a little bewildered. He had thought Mary was going to be horrified at what he did. She didn’t care what happened at work, for the most part, but she was always a straight arrow. Even more so than Alex. She would be the one Alex thought would be the most upset at Alex’s behavior. This was not what Alex had been expecting.

  “Alex?” Mary frowned. “You’re looking at me oddly.”

  “I was expecting you to shout at me for being so stupid and give me some colorful names.”

  Mary chuckled.

  “I will probably do that later, once the shock is over. Besides, I may be a different generation but I’m not stuck in another time and place. Things happen, and they can be messy, but they happen for a reason. Life has a habit of making things complicated.”

  Alex couldn’t agree more with that sentiment.

  ***

  “Joe?”

  Joe looked up. Stephen was standing over him with a frown. Joe wondered how long he had been sitting there staring at the floor. He jumped to his feet.

  “Are we okay? Are we going in?”

  “We’re going in now.” Stephen peered at him. “Are you okay?”

  “Yeah...yeah, I’m fine.”

  Joe didn’t feel fine. He was nervous. Stephen said he had nothing to worry about, that he would easily get majority custody, but Joe was still concerned. A curved ball could come out of nowhere and Joe wasn’t prepared for it. He badly wanted his kids to stay with him. If they went to Tracey, they would be subjected to her family, and Tracey wouldn’t do anything about it.

  It was startling to see the contrast in his ex between five years ago when they lived far away and now. It was like he had known a completely different person. Someone who had let toxic people and mental illness get in the way and turn her into someone Joe didn’t particularly like anymore.

  This was a big thing for him, to get everything in writing. Then he wouldn’t have to deal with Tracey changing the goalposts all the time. Once this was done, he could go on with things as normal.

  Not quite normal. And not quite how things were. There was a certain part of his life that Joe needed to give a great deal of thought to. He knew Alex would be waiting for an answer, and Joe was still unsure about what to do. He dithered from telling Alex this should not happen beyond that night and they needed to keep away from each other to wanting to have Alex in his life on a more permanent basis.

  Why was he worrying so much about this? It wasn’t because of their current positions; Joe had gotten past that already. He could accept it was just unfortunate timing. Maybe it was because of how intense it was. Not even with Tracey when they were together. This was something different. It was stronger, and it scared Joe. That had never happened before.

  Did that mean something? And would it fizzle out as quickly as it arrived? Joe had no idea, and he was still uncertain about if he wanted to pursue it with Alex. Alex may have made up his mind on it, but Joe hadn’t.

  Focus on that later. You’ve got court now. Get your head in the game.

  Joe took a deep breath and pushed thoughts of Alex out of his head as he followed Stephen into the courtroom. From what he knew of Judge Harvey from former neighbor Alistair and Stephen, Judge Harvey was one of those people who took over and he did not let anyone give him any attitude; the man had plenty of that when he wanted to use it.

  Tracey was already at her table with Alex’s colleague, a handsome middle-aged woman with purple hair. It took Joe a couple of seconds to realize that it really was purple and he wasn’t imagining it. It didn’t quite go with her powder blue suit, but the confidence the woman carried made it work. She was talking in low whispers to Tracey, who was sitting with a pout on her face. Pro
bably being told something she didn’t want to hear.

  At least she wasn’t focused on him. Joe could go with that.

  He and Stephen sat down at the other table, and they waited. This could either go his way and be just a few minutes or go Tracey’s way and get dragged out. Joe didn’t want to hash all of this out, and he knew Tracey was looking for a platform to say what a bad person he was. A knot was forming in his stomach, and it wasn’t going anywhere.

  After what seemed like forever, the court officer entered the room from a side door. It was Alistair, who gave Joe a brief nod of acknowledgement. That made Joe feel a little better; Alistair Hanson had seen how Tracey’s downward spiral had gone, and at least he knew some of the crazy. Validation for him that he wasn’t the mad one.

  “All rise!”

  Joe jumped when Alistair’s deep voice boomed across the room. He shot to his feet before Stephen had started to move, which got a raised eyebrow from Stephen and an amused look from Alistair. Joe’s face warmed and he looked away. Unfortunately, he looked in Tracey’s direction, and saw her smirking at him. Joe looked away, focusing on the tall, dark-haired man with silvery streaks coming into the room and sitting behind the huge desk at the front, holding court for everyone else.

  Everyone in the gallery sat when he did, and Joe heard the door behind him open and close. He turned and did a double-take. A couple, looking like another lawyer and client, had sneaked into the room and was taking a seat at the back of the room. But someone else had slipped in behind them, settling down beside the couple, out of sight of Judge Harvey. The room was busy enough with cases after Joe’s, so nobody noticed the extra person.

  But Joe did. He noticed Alex sliding onto the bench at the back of the room. Their eyes met, and Alex’s expression softened, giving him a nod. The knot in Joe’s stomach lessened. Somehow, knowing Alex was here made him feel a little better.

  “What’s first on the agenda, Mr. Hanson?” Judge Harvey asked as he adjusted his chair. From the look of it, he hadn’t noticed Alex’s entrance.

  “Banfield versus Swarbrick, Judge.”

  Alistair handed his partner the file. If Joe hadn’t known about it already, he wouldn’t have thought Alistair and the judge were a couple. They were very cool with each other, very professional. How they managed that, Joe had no idea, but he silently applauded them for it. Judge Harvey opened the file and glanced through it.

  “Ah, yes. Ms. Banfield.” He glanced up. “I hear you’ve been causing quite a stir since you fired your last attorney.”

  Joe glanced at Stephen, whose expression didn’t change. It sounded like the legal world was a lot smaller than he realized. Tracey lifted her chin, looking exceedingly cool.

  “He was useless, Judge. I’m sure this one…” She barely glanced at her lawyer, “will be adequate, even though I hired her associate.”

  “I’m sure Mrs. Gregg will be more than helpful.” Judge Harvey said smoothly, even as Joe saw Mrs. Gregg’s eye start twitching. He skimmed the first page and then the second. “There’s no need to discuss custody with me, either of you. I’ve already seen the papers, and the respective arrangements wanted in each. All I need to do is rubber stamp which one.”

  This was when Judge Harvey looked up and fixed Tracey with a solemn look. Joe felt the knot in his stomach tighten again. He could tell this was already not going to be good.

  “Ms. Banfield, I’m very concerned with what I read. I do have a question for you that I need to ask: why do you want complete custody of your children when you haven’t looked after them as the primary caregiver in two years?”

  “Because I’m the mother, Your Honor.”

  “And should a father not be permitted to see and care for his kids as well? Because you’re wanting to go from him being the primary caregiver to having practically nothing to do with his children.”

  “He abuses them!” Tracey said hotly. She looked over at Joe with a scowl. “He does...things to them. They come to me with bruises all over their little bodies. They’re hungry and they’re miserable.”

  “Really.” Judge Harvey murmured.

  His expression didn’t change, but the look was making Joe glad he didn’t have it directed at him.

  “Yes! He also…”

  “Ms. Banfield,” The judge cut in so smoothly Tracey stopped abruptly, “I don’t wish to be rude, but I’m not here to listen to you give a deposition. I’m here to make a ruling. Which I will do, with all the paperwork given to me by both parties.” He looked at Stephen. “Mr. Roney, am I correct in understanding that you believe Ms. Banfield called CPS on your client multiple times?”

  “Yes, Your Honor.”

  “I see.” Judge Harvey ignored Tracey’s rude snort. “Do you have proof?”

  “Text messages of Ms. Banfield admitting so to her ex-husband.” Stephen responded calmly. “And also, we were able to obtain a voicemail, which we forwarded with the rest of our evidence.”

  “Which I’ve also heard as well.”

  Mrs. Gregg’s expression was barely changing, which made Joe wonder if she knew everything or she was being dumped in the deep end and was very good at hiding it. She was extremely cool, glancing over at Tracey as her client became more and more annoyed that she wasn’t getting the judge on her side.

  Joe did not envy her job.

  “And have all of these accusations proven to be false?” Judge Harvey asked.

  “Yes, Your Honor.”

  Tracey snorted before Stephen had finished speaking.

  “They’re so good at lying, they make a living out of it!”

  The look aimed her way by the judge had Joe going cold. Damn, he was definitely keeping his mouth shut.

  “Ms. Banfield, you will calm yourself right now. Mrs. Gregg, I am holding you responsible for your client’s next outburst.”

  “Yes, Judge Harvey.”

  Mrs. Gregg leaned toward Tracey and whispered something, which had Tracey hissing something back. While they did the back and forth, Joe risked looking behind him toward Alex. He was still there, sitting behind a few people so he wasn’t easily seen. He caught Alex’s eye, and nodded. Alex gave him a smile in return. That settled Joe’s stomach again.

  Maybe having Alex here was better than he thought.

  Judge Harvey moved some papers around. From his body language, he still hadn’t noticed Alex. Joe wondered how the judge would react if he saw Alex in the courtroom. Not well, if what Alex said was anything to go by.

  “I have looked over everything presented to me.” Was there a slight hardness to the judge’s tone? “I have read the CPS reports provided, which were glowing in their review of Mr. Swarbrick. And I have interviewed Lily and James Swarbrick this morning in my chambers.”

  “What?” Tracey looked thunderous. “Why would you interview them? They’re children!”

  “Who are also old enough to have an opinion of the matter.” Judge Harvey’s response was smooth. “I like to get the child’s opinion in all of this.”

  Joe had wondered about this, but he wasn’t about to argue with a judge. He had brought Lily and James with him early, away from the crush of the courthouse, and Judge Harvey had spent almost half an hour talking to them with Stephen present. Stephen had said it had gone well and both children were okay. Joe was just glad when Raina took them home immediately afterwards.

  Tracey shot a snarl in Joe’s direction.

  “He probably told them to lie.” She sneered.

  Mrs. Gregg shot her a glare.

  “That’s enough, Ms. Banfield!” She snapped. “Remember where you are!”

  Tracey looked chastised, but she did shut up. Smart move; Joe didn’t think he could go against Mrs. Gregg. Judge Harvey’s expression didn’t flicker, simply waiting until there was silence. The atmosphere in the air was certainly thickening, the gallery completely silent.

  “I’ll ignore that outburst, Ms. Banfield.” Judge Harvey said quietly. “Although I will say now, Mr. Swarbrick had no idea I wanted
to talk to them until my receptionist called him this morning. What they said was they didn’t want to leave their father, and your daughter has even said she wasn’t comfortable being around your family. She says that she and James have told you that they don’t want to be around them, but you force them to interact with people who have known histories of abuse.”

  “That’s not true!” Tracey cried.

  “It’s documented, Ms. Banfield. I’ve checked. And I’m also concerned that you’re prepared to let your children be around a registered sex offender.”

  There was a collective gasp around the room, which now turned decidedly icy.

  “I look after them, Your Honor!” Tracey protested. “And it’s all lies what was said about my brother!”

  “Recall that I said I’ve checked on your family myself, Ms. Banfield. What I read made me cold, and I’ve been in family court coming up on twenty years.” Now the judge’s expression was a mask of contained anger. How he was able to keep it restrained, Joe had no idea. “Your brother is not to be anywhere near children, and certainly shouldn’t have them in the same house. And you leave your children with him? That’s either bad judgement on your part or you’re psychotic. Either way, it’s unacceptable. The fact you prefer to think of your family’s feelings more than your own children really worries me.” He paused. “Mr. Roney recommended that you take court-mandated parenting classes before we go back and revise the custody agreement. Mrs. Gregg agrees, and I think it’s a very good idea.”

  “I won’t take them!” Tracey was almost screaming. Her mask was slipping more and more. “I don’t need them!”

  “From what I’ve read and what I’ve seen in the last few minutes, you definitely need them. And I will make it a court order that you take them.” Judge Harvey glanced at Joe before turning back to Tracey, who looked like steam was coming out of her ears. “Until you have taken these classes and passed to the satisfaction of your tutors, you will only have supervised access with Lily and James. Instead of every other weekend as Mr. Roney suggested, I am giving you four hours every Sunday with your children and two hours after school two days a week. You will contribute to their education and financially, but all medical decisions are to be made solely by Mr. Swarbrick.” He looked at Stephen and Joe. “Is that suitable for you and Mr. Swarbrick, Mr. Roney?”