Scott should have known better than to underestimate his ex-wife when she had her mind made up about something. Just as Jess had warned him, Laura and Neil had filed against him for full custody of Charlie. It had taken months for the Millers to get their paperwork through their lawyer, notarized and before a judge. The preliminary hearing was scheduled on December 19th, five days before Christmas Eve.
"I can't believe you're showing up like that!" Jess remarked as she walked down the hall with her father. Scott was dressed in a bright red reindeer sweater, and his snow white beard fully grown in.
"Jessie I don't know what you want me to do!" He snarled back at his daughter. "I shaved five minutes before we left the house."
"I can only defend you so much, Dad." She sighed as they joined Laura and Neal outside of Judge Whalen's office.
"Where Charlie?" Scott demanded immediately. It had been almost six months since he'd last been able to see his son. "I want to talk to him."
"He's with the judge." Laura answered dryly. "Hi Sweetie." She greeted her daughter. Jess had been to visit her mother and Charlie a few times in the past six months, but the daughter was never more than civil with her mother and stepfather. Jess was about to express an obligatory greeting to Neil when Charlie came out of the Judge's office.
"Dad!" The little boy grinned. Scott bend down and scooped up his son. "It's all okay. I told the judge everything about and the North Pole."
"Miss Calvin, could I speak with you please?" Judge Whalen asked Jessica.
"Yes, of course." She followed the judge into his office.
"Please, have a seat." Judge Whalen gestured to the two chairs in front of his desk. Jess immediately sat down in the closest chair.
"Now, Miss Calvin, you're sixteen years old is that correct?"
"Yeah, sorry, yes." She answered, deciding 'yes' sounded more mature than 'yeah'.
"It's alright, candid responses are more natural. And as a Judge, they help me make the best decision. Feel free to talk to me like you would anyone else."
"Okay." Jess nodded.
"All right, so you've been living with your father, Scott Calvin, is that correct?"
"Yes. My parents have been divorced for seven years now. Since then, Charlie moved out with my mom and I stayed at the old house with my dad. A few years later Neil came along and married Mom."
"How do you feel about your stepfather?"
"Candid answers right?" Jess laughed uncomfortably. "Neil tries too hard, at everything. I think it has to do with his profession. Psychiatrists by nature want to analyze everything. They have to understand it all. I think not everything has an explanation."
"That was a very well thought out answer." The Judge said, writing something down on the paper in front of him. "So let's get down to the matter at hand, Do you believe you're father is Santa Claus?"
"Of course not." She replied earnestly. "And I don't think my dad thinks he is either. He knows there's no such things as elves and he knows that reindeer can't fly. I'm sure you've already talked to Mom and Neil. This whole thing started out as a story between Dad and Charlie. It was just something special for them to share."
"Do you think Charlie would benefit from time away from your father?"
"I don't know." Jess shrugged. "They've been apart for almost six months already and that hasn't seemed to change his mind."
"Well," The judge scribbled a few more notes down, then closed the file before him. "Thank you for coming by today Miss Calvin. I think I have everything I need. Please send your father in."
Jessie did as she was told joined Neil, Laura and Charlie in the hallway while Scott talked to the Judge. Judge Whalen only talked with for ten minutes before he called all the adults back into his office.
"Is the judge going to tell me I can't see Dad anymore?" Charlie asked his sister when they were alone.
"I don't know buddy." Jess admitted sadly. "Try not to think about it alright? Why don't you tell me about how school is going?"
In the Judges Office, Neil and Laura sat in the two chairs facing the desk. Scott leaned on the room's only window, and all three parents waited for the judges verdict.
"After reviewing all of your testimonies, I've come to a very difficult decision." The judge sighed heavily. "I'm sorry to do this in light of the holiday season, but I think it's in Charlie's best interests that I grant the petition of Dr. and Mrs. Miller. Mr. Calvin, as of today, all of your visitation rights are suspended. Pending a hearing after the first of the year."
The adults walked out of the office with unreadable expressions.
"Charlie, say good-bye to your sister, we have to go." Laura told her son.
"I'll see you later alright, buddy?" Jess hugged her brother goodbye.
"Promise you'll still come visit all the time?" Charlie begged his sister with big eyes.
"I do." She promised. Charlie walked away, hand in hand with Neil and his mother.
"The Judge took away your visitations?" Jessie gave her dad a sympathetic look.
"I-I don't want to talk about it." Was all Scott could get out. He drove home with his daughter in the car and neither spoke to the other. When they entered the house a few stacks of red boxes were still scattered throughout the house. Scott walked over to the nearest pile and gave it a good hard kick. His daughter didn't know what to do or say, so she just went upstairs to her bedroom.