by Garry Disher
Auhl, faintly impatient with her, concentrated on the lawyer. ‘Can we use it? If necessary I’ll testify to it.’
The lawyer grimaced. ‘Not today. I don’t feel it would be appropriate, it would look desperate, especially if Justice Messer ruled it was too late. And plenty of children Pia’s age ride the trains alone. No, today the psychiatrist is cross-examined on his findings, after which Justice Messer may or may not make a ruling, or decide to sleep on it for a week, and it might all be good news anyway.’
Auhl frowned at Fleet. ‘Don’t they give you time to prepare? How can you cross-examine if today’s the first time you’re—’
‘Both parties and their lawyers were supplied with Doctor Kelso’s findings a week ago,’ Fleet said. ‘It’s required.’
Auhl turned to Neve, who wouldn’t meet his gaze. Why hadn’t she given him Kelso’s report to read? He swung around on Fleet again. ‘Well, what does he say?’
‘I’m sorry but only the interested parties and their legal representatives are privy to that,’ Fleet said.
Auhl shook his head, fed up. ‘But you can and will cross-examine?’
‘Yes.’
‘Good luck, break a leg, whatever the phrase is,’ said Auhl bleakly.
‘Depends,’ said Fleet, and Auhl wondered what that meant.
Neve was hugging herself. ‘Lloyd’s going to be sitting right there.’
‘Don’t look at him, Neve,’ Auhl said. ‘Deep breaths.’
THE COURTROOM WAS bland, an overall beige impression, the odours of new carpet and paint scenting the air. From his spot in the public seats, Auhl eyed the forces ranged against Neve. Lloyd Fanning—looking confident, a well-cut suit concealing his bulk—sat behind his barrister, an older, thinner man with lazy-lidded eyes, who wore his gown with flair.
Auhl swung his head to the other side of the courtroom. In direct contrast to Team Lloyd, Neve, her parents and her lawyer sat low and nondescript in their seats as if not to attract notice.
The room stirred as a lanky man in his fifties swept in. Justice Messer: a small, neatly combed head, button nose and an air of busyness and grim despatch. As soon as he was seated, the court was called to order, its purpose announced: in a nutshell, that Mrs Neve Fanning had sought a formal variation to the existing arrangement vis-à-vis her husband’s parenting time with their daughter, Pia, asking that it be conducted in a supervised environment and limited to one weekend per month and one week of each school holiday period. Given the contestable nature of the situation, Mr Fanning, and his lawyer, Mr Nichols, had requested an expert report assessment with the blessings of the other party and had borne his costs.
‘This report is but one tool—albeit an important one—available to the court to help determine what orders should be made concerning the best interests of the child in this case,’ Messer said, his gaze taking in everyone. He tapped papers together. ‘I now call Doctor Thomas Kelso to the stand.’
Auhl watched a man in his sixties get to his feet. Lean, suave; full head of greying hair. Draped in a dark suit over a crisp white shirt. A natty rogue type, thought Auhl, watching the man flash a smile at a female court attendant as he was sworn in.
Nichols began, ascertaining Kelso’s credentials and experience, then asking: ‘You conducted interviews with Mrs Neve Fanning, her husband, Mr Lloyd Fanning, their daughter, Pia Fanning, and Mrs Fanning’s parents?’
‘I did,’ Kelso said, the timbre of his voice deep, satisfied.
‘Please explain to the court what matters an expert such as yourself typically examines in cases of this nature.’
Kelso beamed as if glad to have been asked. ‘I study the issues in dispute, past and present parenting arrangements, the parenting capabilities of each party in the dispute, the child—or children’s—relationships with each parent and other significant persons, such as grandparents, the wishes of the child or the children, and potential risks to them.’
‘Having studied these matters in regard to Miss Pia Fanning, is it your opinion that a reduction of Mr Lloyd Fanning’s parenting time with her is warranted?’
‘It is not.’
‘You recommend an equal-time arrangement, going forward?’
‘I do, with reservations.’
‘Is it your recommendation that Mr Fanning’s time with his daughter be supervised?’
‘It is not.’
‘Did you come to a conclusion regarding Mrs Fanning’s ability to facilitate and encourage her daughter’s ongoing relationship with her father?’
‘I did. Mrs Fanning showed no openness, only reluctance, to the idea of a relationship between father and daughter.’
‘Do you have a further recommendation regarding the conduct of the parties involved?’
Kelso lifted a thin bound report. Tipping back his nose to read through bifocals, he said, ‘It is my recommendation that Mrs Fanning obtain regular counselling to help her accept and support an ongoing father–daughter relationship.’
Auhl felt helpless, fretful. He glanced at Neve, who seemed to sink in her seat. Fleet was toying with a ballpoint pen.
Nichols said, ‘If it please the court, kindly explain why, in your expert opinion, Mrs Fanning should seek counselling in the matter of the relationship between her daughter and Mr Fanning.’
Kelso glanced at Messer, briefly out across the room, and then at his notes. ‘As stated in my report, I question Mrs Fanning’s ability to manage conflict and communication. She presents in a self-absorbed manner and, in my opinion, over-values the abuse she allegedly experienced at the hands of her husband. This led her to perceive bad parenting on his part.’
Neve shook her head, leaned against her mother and craned around to find Auhl in the audience. She shook her head again, as if to deny Kelso’s statement. He gave her a full-on smile. She turned away, probably sceptical that smiles would be any help.
‘Furthermore,’ Kelso was saying, ‘Mrs Fanning also presents as anxious and over-protective. It is my considered belief that she suffers from a psychosis.’
‘No!’ shouted Neve. She stood. Subsided again when her father gently tugged on her wrist.
Messer looked down his little nose at Neve, ready to be sympathetic this first time around, but not about to let her deliver another outburst. ‘Mrs Fanning.’
Fleet stood. ‘I apologise on behalf of my client, your Honour, it won’t happen again.’
‘Go on, Mr Nichols.’
Nichols nodded his thanks. ‘Doctor Kelso, Mrs Fanning expressed a fear that the treatment she allegedly received at the hands of her husband would flow to the child?’
‘That is correct.’
‘What conclusions if any did you draw from that?’
‘First, the operative term is treatment allegedly received.’ Kelso looked around as if to acknowledge that, the courtroom being full of reasonable people, they must share his view, and returned to his notes. ‘In my opinion, there was an element of strategy about Mrs Fanning’s allegation.’
‘You also interviewed Miss Pia Fanning?’
‘I did.’
‘And in the course of your interview with Miss Fanning did you come to any conclusions in regard to her past and current interactions with her father?’
‘I did. I found the child, who is ten years old, to be unconvincing. It is my belief that she was speaking from suggestion on the part of the mother, who is intent on the child rejecting the father.’
Auhl stared at the back of Neve’s down-turned head. Why hadn’t she said any of this to him? Had Lloyd started hitting Pia?
And just as Auhl swung his gaze back to Kelso, Neve sprang to her feet. ‘Her name is Pia.’
‘Mrs Fanning,’ Messer warned.
Neve subsided. Fleet stirred, as if to assess whether he was needed, but said nothing. Messer said, ‘Please continue, Mr Nichols, Doctor Kelso.’
Nichols acknowledged Messer again and turned to his witness. ‘Doctor Kelso, what opinion, if any, did you form of the child’s—Miss F
anning’s—interactions with her father?’
Kelso looked around again, making eye contact—a man with an unpleasant but necessary job to do. His gaze alighted on Lloyd Fanning, flickered over Neve and Fleet, alighted on Auhl. He faltered, seeing the hardness in Auhl, and returned to his notes.
‘The child presented as guarded. This may be explained as torn loyalties. The child feels pressured by the mother to reject the father. The mother places demands on the daughter, plants ideas and fosters hate and fear, thus giving rise to anxiety expressed as guardedness.’
Neve was weeping quietly, head bowed, shoulders rocking. Auhl wanted to… Auhl didn’t know what he wanted to do. But couldn’t Jeff Fleet do something to stop the flow?
Meanwhile Lloyd Fanning sat with his arms folded over his well-clad chest. His barrister mirrored him. They sensed victory. Auhl pictured Kelso alone in a room with Pia and her father. He could see plenty of reasons other than torn loyalties for Pia’s guardedness: that she didn’t know Kelso; that she sensed his dislike of her mother; that she sensed his sympathy for her father; that she couldn’t accuse her father of anything when he was right there in the room staring at her.
‘Doctor Kelso, in your report you use the term “alienation” to explain the dynamics of the Fanning family unit. Would you elaborate on that for the court?’
Kelso ran his gaze around the room again, avoiding Auhl. ‘Certainly. The alienation of one parent by the other is often, in my opinion, the most compelling explanation of the dynamics present in these situations. The wife—’
Finally, Fleet stood. ‘If it please the court, Parental Alienation Syndrome has come into disrepute in recent years and should not be considered as grounds for making findings of any kind in regard to Mrs Fanning’s request that her husband have limited time with their daughter.’
Messer gazed balefully at Fleet. ‘Mr Fleet, I am well aware of the arguments for and against Parental Alienation Syndrome. But correct me if I’m wrong, Doctor Kelso did not make mention of the syndrome in his report, and isn’t doing so now. Please continue, Doctor Kelso.’
Kelso took on the air of a man choosing his words. ‘It is my considered opinion that Mrs Fanning, the wife in this situation, gave rise to a, to a, an extreme alignment. She…influenced…her child to denigrate and sideline her estranged husband.’
Getting into knots trying to avoid saying ‘brainwashed’ and ‘alienation’, thought Auhl, as Neve exploded again.
‘I did not!’
‘Mrs Fanning.’
‘But sir, your Honour.’
‘Mrs Fanning, I must warn you that my patience may soon be at an end.’
Fleet turned to Neve, whispered furiously; she sat. Standing abjectly, Fleet said, ‘Your Honour, I apologise unreservedly on behalf of my client.’
‘Mrs Fanning? Will you allow matters to proceed?’
Neve muttered something. It was accepted as consent. With a quick look at Jeff Fleet, Nichols said, ‘Please continue, Doctor Kelso.’
‘Studies have shown the enormous benefit that may result when a child is removed from the, ah, when a child is placed with the, ah, sidelined parent.’
Not allowed to say ‘alienated’, but still getting the message across, thought Auhl. Fleet seemed to notice it, too, but had his shoulders hunched.
Nichols said, ‘But you are not recommending a wholesale removal of the child from the mother in this particular case.’
‘I am not,’ Kelso said, going on more smoothly now. ‘I accept that Mrs Fanning has been her daughter’s sole carer for the past eighteen months.’
Big of you, thought Auhl. He wished he’d looked more thoroughly into Kelso. He wished he’d met with Fleet before today. He wished he’d grilled Neve more comprehensively. She wasn’t… worldly enough. It wouldn’t occur to her to challenge or question Kelso, her lawyer or the system. She’d hold back out of a sense of politeness and shame.
So, had the situation with Lloyd been worse than she’d said?
‘Doctor Kelso, your report makes a recommendation should Mrs Fanning not support a relationship between her daughter and her estranged husband.’
‘That is correct,’ said Kelso comfortably. ‘If the mother is not able to support such a relationship, or raises further spurious or mischievous allegations, then it is my recommendation that she undergo psychiatric assessment and treatment and the child be placed permanently with the father.’
Neve sprang to her feet. ‘He’s the one needs a psych assessment!’
‘Mrs Fanning, please,’ Messer said tightly.
‘And I have a name.’
Both parents tugging at her hands now, Neve went on: ‘Even if you take my daughter away from me, do not give her to her father.’
She slumped finally, collapsed into her seat with a sad, brief look around at Auhl, then leaned into her mother.
Messer waited. He waited for some time, making a point; he reminded Auhl of his Form Five maths teacher. ‘Mr Nichols, please continue.’
But Nichols, looking satisfied, handed over to Fleet.
Fleet stood, busily rolled his shoulders in his gown, gazed at Kelso as if at another species. ‘Doctor Kelso, in regard to Miss Fanning’s guardedness, might not it have stemmed from abuse—abuse that she suffered, and abuse she saw her mother suffer?’
Take that, his tone seemed to say. Kelso smiled bleakly. ‘I saw nothing in the child’s demeanour to suggest recent trauma, and if historical trauma was present, it stemmed—in my belief—not from physical acts but the toxic relationship and attitudes of the mother vis-à-vis the father.’
‘You are aware that Mrs Fanning took out an intervention order on her husband?’
‘I am.’
Fleet waited, Kelso waited. Fleet said, ‘Such orders are not applied for or granted on a whim.’
Nichols stood. ‘With respect, your Honour, is Mr Fleet making an observation or asking a question?’
Messer looked at Fleet. ‘Mr Fleet?’
‘With respect, I am asking Doctor Kelso whether, in his opinion, Mrs Fanning’s actions in taking an intervention order out against her husband, and later asking this court to reduce and supervise his parenting hours with their daughter, might reasonably stem from actual, historical and ongoing violence on his part?’
Auhl thought it a useful if wordy question. Everyone looked at Kelso. Kelso said, ‘I stand by my report. Abuse allegations should be seen in the context of a convoluted and strained marital relationship.’
That’s how it’s going to go, thought Auhl. Clipped answers to take the wind from Fleet’s sails.
Fleet changed tack. ‘Doctor Kelso, are you aware that Mr Fanning currently lives some distance from his estranged wife and daughter, and has shown little to no interest in maintaining a relationship with the latter?’
‘I cannot speak to where the parties may or may not live or how they might arrange future meetings and visits, but as I understand the situation it was Mrs Fanning and her daughter who moved some distance away from Mr Fanning and not the other way around.’
Fleet swallowed. ‘In addition to the parents of the child in question, you interviewed her grandparents?’
‘The maternal grandparents; the paternal are deceased.’
‘The grandparents have a close, ongoing and supportive relationship with their granddaughter, wouldn’t you agree?’
‘I would.’
Fleet didn’t know what to do with that answer. Kelso did. He added: ‘But as I understand it they live some distance from the city, where Mrs Fanning and her daughter currently reside.’
Fleet waggled his mouth as if composing his next question. ‘Mrs Fanning is, and has been, the primary caregiver?’
‘As I understand it.’
‘Always there, always available, compared to Mr Fanning?’
‘As I understand it,’ Kelso said, ‘Mrs Fanning is currently employed as a cleaner and as such works long hours, including weeknights and weekends.’
As if desperate t
o regain some ground, Fleet said, ‘Doctor Kelso, I imagine you’ve heard of the term Parental Alienation Syndrome?’
‘I have.’
‘Isn’t it a fact that—’
Nichols stood. Messer waved him down. ‘Mr Fleet, you did read Doctor Kelso’s report, I take it?’
‘If it please the court, I—’
‘We will not discuss theoretical or other matters not related to Mrs Fanning’s application and the report supplied by the single expert in the case, is that clear?’
Fleet bobbed. He turned to Kelso and said, ‘My learned colleague asked you what matters a single expert such as yourself might typically take into account to assist the Family Court to make its recommendations?’
Kelso cocked his head. ‘He did.’
‘Parenting capacity, the extended family, and whatnot?’
‘Correct.’
‘Doctor Kelso, mightn’t a single expert also consider past or ongoing domestic violence, drug and alcohol abuse, the parties’ mental health and the views and needs of the child?’
Kelso paused. ‘As I said in my report, it is my belief that Mrs Fanning would benefit from counselling.’
Didn’t answer the question, thought Auhl, waiting for Fleet to pounce. But Fleet said, ‘The wishes of the child, Doctor Kelso. She requested fewer hours with her father.’
‘She did. She also is only ten years old.’
It was as if Fleet didn’t know how to follow up. He asked a handful of further questions—all of them mild and inoffensive, to Auhl’s ear—and seemed to run out of steam. And he’d asked nothing about Kelso’s view of Lloyd.
Messer turned to Team Lloyd. ‘Mr Nichols, do you have any further questions?’
Lloyd’s lawyer stood, declined graciously, sat again. Auhl wasn’t surprised. Why rock the boat?
‘All right then,’ Messer said, ‘that concludes these proceedings. Court will adjourn until next Monday at 2.00 p.m., at which time I will deliver my ruling on the merits of Mrs Fanning’s application. In the meantime, Mr Fanning is to enjoy equal and unsupervised parenting time with his daughter. That is all.’
Auhl eyed Lloyd as he edged out into the aisle. The man was smirking as he shook hands with his lawyer, a picture of reason and prosperity.
