*I have no solid legal background, but I definitely do my best to research. So I beg of you... please, please be merciful lol.*
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Chapter 30
Eliza turned around and showed half a smile as she witnessed Pete approaching from the distance. Once he was near, he pulled his big sister in for a tight and long hug.
"I'm not worried about you. Never have before, never will," he said against her ear.
They pulled apart, and Pete lifted his head to see a man watching them.
"This him?" Pete murmured.
Eliza turned around and smiled nodding. Troy immediately extended his hand to Eliza's brother. Troy was relieved that their first exchange was amicable, but couldn't ignore that it was unfortunate it was happening in a courthouse.
"Thank you for taking care of my sister," Pete nodded.
Troy shrugged, "I'm just glad she ever let me take care of her."
Eliza held her breath as she turned away from them. She had been working up the nerve to keep it together all morning. Weeks had passed since she had last seen Andrew, and all that time she had psyched herself to be ready for this moment. Of course, standing outside of a courtroom wasn't helping. Everything she knew she was going to say was jumbling in her mind.
She pulled away from her thoughts when Helen put her hand on her shoulder.
"You going to be okay?" Helen asked, dipping her head level with Eliza's.
Eliza exhaled and rolled her eyes up, angry that she was feeling so uneasy. This wasn't an event she could just attempt; it would be a life changing situation for her and Lulu.
Helen looked over to her brother who was sadly watching the two of them.
She squared her shoulders with Eliza and reaffirmed, "Don't worry, okay? We're all going to get through this. You're family, and we love you. We are all here for you."
Eliza looked into Helen's familiar eyes and then to her brother's and Troy's. All watching her, cared for her-they were her support system, her crutch. Pete walked up to his glassy-eyed sister and held her again. Helen and Troy could guess why Eliza was crying, but Pete knew exactly why.
But suddenly, Eliza's worries eased to a halt when she heard her brother say, "She belongs to you, and she always will."
She looked up to him, no trace of fear in his eyes. Eliza remembered this moment. Except this time she saw herself in him.
"You've always been many great things Eliza, and now... you're a mother. An amazing mother. The beginning to motherhood was rocky, but it was never about you learning to love Lulu. It was about loving and appreciating who you were, what you have always been capable of doing, and finding that within yourself so that you could share that with your baby girl- my beautiful niece. She's still with you because your instinct to protect never went away. Never."
Abruptly, the doors to the courtroom opened and she felt her stomach turn. The hearing had begun.
*
"Thank you, please be seated," the bailiff commanded.
"Thank you," the judge said. "Good morning, ladies and gentlemen. I am Judge Rick."
The judge received a monotoned response from the two representatives and their clients.
"This court is assigned to the complaint for custody between Andrew Nestor Louis and Eliza Kelly."
Eliza swallowed hard and closed her eyes. Indoctrinated procedures followed, and the judge directed his first command to Andrew's lawyer to present his case. There was no smug look on the man's face, but his posture and drawl in speech drove Eliza to think that the upper hand was present.
Judge Rick continued, "Are you ready to proceed Mr. Murray?"
"Yes, your honor," Andrew's attorney nodded.
"Mr. Murray, you can call your first witness."
Andrew stood up, walked to the stand, and placed his hand down on the book.
"I do," he quickly agreed, and Eliza clenched her fists under the table.
Murray stepped to the podium, after asking his client to state his full name, he proceeded, "Mr. Louis, could you please state the last time you saw your daughter."
Andrew sadly shrugged, "I last saw her at the airport over a month ago."
His lawyer dug an elbow into the podium, "And what happened during that time?"
Andrew swallowed hard and despondently sighed, "I barely saw her. She was in the arms of Eliza when I approached, but my daughter was immediately carried away."
"Why was she carried away?"
"Eliza didn't want me to see her. As soon as she saw I was there, she hid her," he said with a slighted intonation.
Murray appeared confused, "Did she say this to you?"
Andrew scoffed, "No, some woman... I think a nanny told me to leave."
"You don't know who that woman is?"
Andrew narrowed his eyes, "Not at all."
"How old is your daughter, Mr. Louis?"
"Almost four months old," he quickly answered.
"How many times before were you denied the right to see your daughter?"
"At least five times before," he said, and Eliza couldn't combat the sharp intake of breath.
Eliza was warned of Andrew's potential stories, but as a mother she couldn't bear to hear the lies.
Now Murray's tone was sharp, "Have you formally requested that you see your daughter?"
"I have."
"Has that been complied with?"
"No it has not."
"Have you ever seen your daughter?"
"No... I have not. I've never even seen her face, nor do I know what eye color she might have," he confessed.
His attorney shook his head in shame, "That is all I have for Mr. Louis, your honor."
The judge lowered his glasses and looked across the room, "Defense counsel, do you want to cross-examine Mr. Louis?"
"Yes, your honor."
Helen Daniels stood up, leaving Eliza's side to take her place at the podium.
Unlike Andrew's casual corner, Helen's criminal attorney background did not allow her to relax under the spotlight.
Her question was quick and sharp, "Mr. Louis, when was the last time you requested to see your child?"
"Just three weeks ago."
"Are you able to return an exact date and time?" Helen asked, lifting her chin.
Andrew hesitated for a second, "I believe it was July 13th... close to 6PM?"
Helen immediately dipped her head and tried her best not to scoff, "Is this the same date and time that can be found on the police report Eliza Kelly filed against you?"
Andrew's lawyer fidgeted, but his client did not.
"I'm sure that it is," he shrugged.
"Do you own a copy of this report?" Helen lifted her hand with a duplicate copy.
"Yes."
She briefly puckered her lower lip, "Did you read the report?"
"I did."
"Then can you confirm that July 13th around 6PM is what is stated on the record?"
Andrew sighed, "Yes."
"Can you recite why my client reported on this date?"
"Your honor, I do not believe this is necessary," his attorney quickly objected.
Helen firmly followed, "Your honor, he has confirmed that this document is of the same date that he last attempted to reconcile with my client. My question is absolutely relevant."
The judge sighed, "You may proceed, Ms. Daniels."
"Thank you, your honor. Mr. Louis, can you state what is inside of the report?" She asked again.
He droned, "It claims that I attacked her."
"May I see this report?" the judge immediately intervened.
Helen handed the file to the bailiff who escorted it to the judge.
There he scanned over the report. He pressed his lips into a thin line before stating, "I would like to hold onto this for the remainder of this hearing."
Helen nodded, while Andrew glared at the defense.
She was given permission to proceed once more, "Mr. Louis, where did you first meet my client?"
"At Bluestar Technologies. I have been the Senior Financial Manager for six years, and... after my first year there, they hired Eliza Kelly as CIO."
Eliza cringed at Helen's next words, "So, since my client's hiring she has been your superior?"
"Yes."
Helen angled her head, "When did your romantic relationship begin with Ms. Kelly?"
"Almost two years ago."
"Would you like to elaborate on the initial union?"
Andrew conjured up a believable smile, reminiscing, "We were all at a restaurant, after hours, celebrating the new CFO with a portion of the team and we started talking on a more personal level."
Helen appeared dazzled by his recollection, "Do you mind explaining what CFO stands for at Bluestar Technologies, please?"
His attorney objected stating the irrelevance, but once again the objection was quickly overruled. So, Helen repeated herself.
Andrew's voice dropped several octaves, his eyes looking nervously to his own attorney, "Chief Financial Officer."
Troy bowed and shook his head, hiding the evil grin on his face.
"Was it you that had been appointed the Chief Financial Officer?" Helen proposed.
Without taking a breath, Andrew snapped, "No."
Helen slowly nodded, before asking, "Was the new hire a presence at the company of equal or more time as you?"
"No."
"They were a brand new hire?" she murmured.
"Yes," he grunted.
"Your honor, I have no more questions for the plaintiff," Helen finished.
The judge took in a deep breath and dismissed Andrew from the stand. Now, it was Eliza's turn.
Her hand trembled over the book as she swore to God. She was sweating underneath her professional appearance, and was wishing to blink and be done with her moment.
"Please state your name," Helen formally commanded.
"Eliza Kelly," she announced.
"Ms. Kelly, did you file a police report against Mr. Louis?"
"Yes."
"Could you explain why?"
"He attempted to harm me within my office space over the custody of our daughter, Lulu."
"Lulu is a lovely name. Who chose the name?" Helen smiled
The relaxation in Eliza's posture was evident, "I did."
"Did Mr. Louis contribute to this process?"
Eliza shook her head, "He did not."
"Do you care to explain why?"
"He was not present for her birth, nor the entirety of my pregnancy. So, I did not think it possible to negotiate the name of a child he claimed he wanted nothing to do with," Eliza answered without hesitation.
Helen feigned confusion, "Why wasn't the plaintiff present during your pregnancy or birth?"
"He refused to speak to me, after I informed him of my pregnancy and during the remainder of. It was only after the weekend of our daughter's birth that he asked me about her?"
"What did he ask?"
Andrew's attorney objected, "Your honor, this is excessive."
"Overruled. Proceed, Ms. Daniels," the judge quickly dismissed, desiring to hear the answer himself.
"What did the plaintiff ask after the birth of your daughter?"
Eliza looked at Andrew, recalling the trauma of her first day back, "He asked if I kept it? Then he asked if I had his name on the birth certificate."
With that, Helen concluded her session with Eliza, and Andrew's attorney practically jumped to the podium ready to interrogate.
"Did my client ask you if you kept the baby after birth?" he demanded.
"Yes."
"Did you answer his question?"
"No."
"Why didn't you answer my client's question?"
"As I stated before, he was not present during the pregnancy nor did he ever engage with me during."
"Did you ever try to reach out to him during your pregnancy?"
"We worked together. We saw each other every day. He had to report to me. If he did not want to initiate the conversation with me, I was not going to do it myself during business hours."
"When you say initiate the conversation, what do you mean?"
"To ask me how I am feeling? To ask me what I plan on doing with the baby? To ask me if I needed any help, regardless of the choice I had not made- at the time- over keeping the child before my labor. Questions other humans normally ask one another."
Helen pinched her smile, happy that her client wasn't as nervous as she thought.
His attorney took a few seconds to contemplate, "After the birth of your daughter, did you ever try to reach out to my client?"
"Again, Andrew did not try to reach out to me, about the child growing inside of me, five days of the week from 7AM-6PM for nine months. So, no. I did not find it necessary to initiate conversation."
He appeared confused, "But you kept the child."
"Yes."
"Does she hold the surname of my client."
Eliza forced air from her nose and answered, "Absolutely not. There is no need, considering I am not in a position where I need the financial support."
Murray's voice was low as he wanted to get the hard facts, "Is that the only reason why his surname is not present?"
"No. I did not want him to have any part in her upbringing," Eliza scoffed.
Helen cringed, as did Pete and Troy. But Eliza didn't flinch. She scowled and kept her eyes firmly on Andrew who was maintaining his distant rage as well.
The attorney was pleased and his voice louder, "My client is the father to your daughter. Do you not see it fit that she have both a mother and father present in her life?"
"Considering that I was raised an orphan, I do not. I never met my parents, but I was able to raise my brother, and we are both successful members of this society. My daughter has one parent and a multitude of new family and support. She will be fine without the presence of her biological father."
Unimpressed, he waved his hand in the air, "Are you currently romantically involved with anyone, Ms. Kelly?"
"Yes."
"Excuse my frankness but... does he work with you?"
"Yes."
"What is his position at Bluestar Technologies?"
"CFO," she stated without hesitation.
His internal judgment was evident on his face, "Are you saying that you are romantically involved with another subordinate employee?"
"Yes."
"Has your romantic interest been in contact with you and my client's daughter?"
Eliza nodded, "Yes. And often."
Andrew's knuckles were white, and he did his best not to turn around and display his hatred to the man that had seen his daughter more than he.
"You do not seem to find any of this controversial?" The lawyer laughed.
"It absolutely can be seen that way. But my current relationship does not seem relevant to the reason I am here."
He attacked her statement,"It is absolutely relevant. You have shared the allotted time of my client... the father of your child... to that of a stranger."
"The definition of a stranger is a someone who is unfamiliar with the other person or party. Your client took to that definition and applied it to me upon the announcement of my pregnancy. Thus, if I was treated as such, as was my unborn daughter," Eliza informed.
"But after your daughter's birth, he questioned about her, did he not?"
"Yes, he asked about "it", he asked if "it" shared his last name? His interests were clearly not of her well-being," Eliza reprimanded.
"How can you be sure? You've made an assumption about my client who was surely intimidated by the thoughts of parenthood."
Eliza was tempted to grit her teeth, "If your client was afraid, then you must surely be able to imagine how a woman's first pregnancy with an unresponsive-yet present-father must have been."
"Did you ever try to involve my client in a parental role?"
"No," Eliza returned with aggression. Her irritation was taking over.
"Why not since my client approached you after the birth of his daughter?"
She seemed befuddled, "Because your client did not try to involve himself for nine months. Because your client approached me in my office using verbal and physical abuse about my daughter on more than one occasion."
The attorney caught her and smirked, "You've referred to her as "my daughter"... have you actively kept her away from her father?"
Eliza's confusion and hurt was easy to see from the distance. Helen, Troy, and Pete were all at the edge of their seats, awaiting Eliza's response.
The mother at the stand lifted her chin, her nostrils flaring with rage, "Yes, because she is not property. Because your client cannot simply choose when he feels like being presence in her life. Because your client cannot clock-in and out of parenthood when it best suits him. Because she needs someone who has been there and wanted to be there for her. Because she doesn't need someone doubting her importance as a human being, no matter the unwanted situation! And I refused to let her know what it feels like to be abandoned because she's mine!"
The courtroom fell quiet for only a moment. Eliza didn't hear the attorney or the judge's following words as they attempted to retain order. Her eyes were mournful and fixated on a familiar individual across the room. Pete's fist was pressed over his mouth– his eyes red and veiled with tears. Words from his youth rang strong in his head. His sister shielding and keeping him near when separation loomed over their heads as foster kids.
The clients' attorneys were called to the stand after Eliza was dismissed to her seat. The shaking mom crossed her fingers and stared at them in her lap. Disappointed that she lost her composure, her mind weighed heavy on the fact that her testimony may have ruined her daughter's life. There was so much more to say, so much more to prove, but the court was to serve the justice they saw fit.
"Please rise," the judge sighed after the attorneys returned to their clients.
He rubbed his temples and stared at Andrew and his attorney, "Normally, I would deliberate the sharing of time between the parents because a father that wants to be active in a child's life surely has the right to do so. And he really should be.
However, from what I have heard from both sides it seems that the concern over the custody of Lulu Kelly is clearly unbalanced. And reasonably so... The defendant and plaintiff shared an intimate relationship, leading to a pregnancy that the defendant experienced without the assistance or guidance of the plaintiff..."
Andrew was gritting his teeth and shooting several glances over to his attorney who avoided eye contact with his client.
Judge Rick continued, "... Yet, the plaintiff was physically present throughout the entire pregnancy but still actively uninvolved. That's quite telling Mr. Louis. Do you have anything to say to that?"
"Your honor, she did not try to involve me either,"
Andrew argued.
"Do you mean to tell me that it is a woman's job to tell the father of their unborn child to ask you to be involved? Also, I find it quite interesting that your relationship with the defendant-your superior- began immediately after hiring an employee in a position directly above you. Do you have concerns about money, Mr. Louis?"
Andrew scoffed, "Your honor, I believe everyone concerns about money."
"Well, Ms. Kelly has recounted that the first two questions related to your daughter after birth were: did you keep it and does it have my last name? Is this correct?" Judge Rick crossed his arms.
Andrew forced air from his nose and murmured, "Yes, your honor."
"Then, we have a police report that entails verbal and physical abuse. I don't know what you expect me to think of this when granting custody involves decision-making for the well being and future of your daughter, Mr. Louis. Do you dispute her claim in this record?"
Despite his lawyer mumbling suggestions under his breath to his client, Andrew answered, "Yes, I never touched her. I believe she called security and the police in an attempt to have me fired to keep me away from her and my daughter."
"Your honor, if I may speak," Helen stood at her table.
The judge returned a look of annoyance toward Helen. But Eliza's devastation over his expression disappeared once the exhausted judge waved his hand in approval.
"My client is the CIO of Bluestar Technologies, which means that majority of information and decisions are negotiated between her and the Owner of the company. My client has informed me that security cameras were installed the weekend before July 13th which could be used as circumstantial evidence to prove the plaintiff's acts of violence toward my client."
"Do you have this evidence with you?"
Helen placed her hand over the large envelope,"This recorded incident was not illegally obtained as all Bluestar Technologies activity is and can be requested by their IT and Department of Security by the board, inclusive of the CIO."
Her eyes were ready to pop from her head. Eliza couldn't believe it, watching Helen wave the folder containing a digital file of the recorded incident.
The judge received the folder from the bailiff and practically tossed down his specs, "Mr. Louis. I am a firm believer of a child having their mother and father present in their lives. However, it does not sound to me like Lulu Kelly's situation applies. Your testimony was well thought out, but you have been under oath since you touched that book. You are not here to be the parent you always had the opportunity to be. You appear to be here under a more vindictive and ulterior motive that makes me think that you are intending to cause more disruption than peace."
Murray requested to chime in, "Your honor, I don't think that potentially altered evidence should even be remotely considered."
"Of course. We would have to have this file evaluated as we would any other case. But it is the police report and the fact that your client was around but never actively present that baffles me. Why now, Mr. Louis?"
"She belongs to me too. I'm her biological father and I have the right to what's mine as well."
Judge Rick curled in his lips contemplating. "Mr. Louis, how long had you attempted to reconcile with Ms. Kelly?"
"Right after my daughter was born."
"Which is for how long?"
"Almost four months now? I think about it everyday."
"And you're a manager of money." Rick held up a sheet of paper. "According to Lulu Kelly's birth certificate... here on this paper... your daughter is over five months old, not nearing four."
Andrew felt the pit of his stomach turning at his frivolous mistake, and Eliza's nails anxiously dug into the skin of her thighs.
Judge Rick concluded without hesitation, "Mr. Louis, I understand the answer of Lulu Kelly's age-that you've given twice now- may have been miscalculated. And it's that very mistake that has helped me reach quite a decision based on the simple fact that you have not once acknowledged that you were at fault for abandoning the mother of your child you think of everyday but don't even know the exact age of. Mr. Louis, it's not only your daughter's age that isn't adding up here. I am assuming you are aware that you understand that, out of wedlock, the state permits for the child to be with the mother by default. I figured you might work a little harder for custody of said child. You couldn't even have a mediation before this hearing, and somehow for five, not four, months you've attempted to reconcile with Ms. Kelly just five times prior to this hearing? Explain these attempts to me."
Andrew stuttered, "After work I would try to talk to her."
"In the place of work?"
"Sometimes, your honor."
The judge jabbed toward Andrew with his glasses,"That's inappropriate. Did she ever invite you to have the conversation?"
Andrew took too long to try to find an answer.
"Let's move on? Did you ever visit Ms. Kelly's home after hours?" the judge sighed.
"Yes, your honor."
"And were you invited there?"
"N... no, your honor," he confessed, but his attorney pinched the skin above his nose from aggravation.
"That is inappropriate as well, Mr. Louis. Do you realize you've just admitted that you have tried to engage with Ms. Kelly, in spaces that belong to her, without invitation? And then she claims to have evidence of you attacking her in one of these very environments..." the judge turned to Eliza. "Ms. Kelly do you believe that Mr. Louis wants to be a paternal presence in Lulu's life?"
"No," she promptly answered.
"But he is here trying to gain custody to play such a role, no?"
Eliza didn't hesitate to tell the truth, "Today is the only time he has ever scheduled to talk about my daughter."
Judge Rick was irritated. Following protocol, he questioned both sides for any final arguments. To Eliza and Helen's surprise, there were none from the other side and they lit up when Judge Rick concluded, "Then, I hereby grant sole custody of Lulu Kelly to defendant, Eliza Kelly."
"Your honor, this seems harsh!" Murray retorted in shock.
"Court is adjourned," the judge brushed off.
A shocked winner zeroed in on the man that was determined to make her miserable, but the flush of red and bottled rage fed what turned into a broad smile on her face.
Eliza rushed into her apartment and caught Emmy leaping out from the nursery. Emmy's eyes darted back and forth over Eliza's in anticipation of the news, but she knew that all was well in the world when Eliza snatched the small woman into a hug. Emmy couldn't stop crying while Eliza did so in her arms.
"I told you," Emmy hummed. "I knew He wouldn't disappoint."
Eliza pulled back, and confessed, "Oh, but we're not done."
*
Eliza was back in a familiar setting for the first time in a few weeks. There were no updates to give or to be heard, at least not from Eliza's mouth. Troy was also present, sitting at the table across from his partner. He tossed one more glance to Eliza before returning his attention to Blackwell who had called them both in for the meeting.
"In the wake of the last few weeks, we've lost a very very important member of our team," Blackwell began.
"Easily replaceable," Eliza assessed.
Blackwell held her tongue for a second, "It's not so simple to integrate another into a managerial role-"
Eliza cut in again, "Blackwell... it's standard business practice to fire and hire."
"It's also standard practice and the law to permit maternity leave," Troy added with a lifted brow.
"You have to dismiss him from Bluestar Technologies," Eliza pronounced.
The sharp-faced woman, narrowed her eyes, "Until his role is fulfilled, he will be working from home."
"How is that remotely possible with a restraining order against him from Kelly?" Troy scoffed. "You mean to tell me that you still intend to break the law again?"
"Blackwell, you've done many things: not permit me time off, ridiculed me, sent an email to me about prematurely active security cameras when you meant to send it to IT Manager, Elijah Palumbo..." Eliza crossed her arms and enjoyed an already pale face turn ghost.
"What the fuck do you two want from me?" Blackwell growled. "More money?"
Eliza smiled, "No, you've already returned the priceless attempt at trying to save your ass."
"You bitch," Blackwell snarled. "What the hell do you think you're doing?"
Eliza's look of entertainment slowly faded, "You speak to me as though I'm the one that has transferred a grand total of twenty-five thousand dollars into my personal account from client funds in the last fiscal year."
Blackwell was in such shock, that she hadn't noticed that Troy had removed himself from his seat and grabbed a knob to one of the doors.
Eliza was never going to forget the mortified look on Blackwell's face as she was being escorted from the building in handcuffs.
Troy slung and arm around Eliza as the police disappeared in the elevator with Blackwell. Eliza was pleased knowing that while Blackwell was apprehended, the fine print of her contract passed a significant amount of power down to the next in line. Due to Blackwell's paranoid structuring of her company and contracts, Eliza gained a new title in the interim.
She took in a deep breath and asked, "Hmm, this place... company is Blackwell's dream, isn't it?"
"Indeed. Thirty-two years of hard work?" he recalled, looking up to the ceiling. "Now, temporarily in the hands of someone else."
Eliza turned her frown into a smile and Troy asked, "CEO Kelly, what is your first order of business?"
With delight, Eliza confirmed, "Contacting Broadland."
Troy lit up and laughed, "Bluestar's largest direct competitor? The one Blackwell taught us to hate the most?"
"Mmm hmm, I can see all of tech blogs scrambling to generate the headlines now," Eliza gestured into the air with her hands, "Broadland's Acquisition of Bluestar Technologies."
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*We've reached the last chapter of the book! I just want to thank all of you who have been reading, and a special thank you to those who have been encouraging me to write more! Love all you supportive readers and writers out there!
P.S. Those who have followed my work before this know how I fill my "Table of Contents". So, if there is a "Prologue", there must be a... ;)*