‘No, that all happens in the final hearing,’ Jerry said. ‘And it may take a while for that hearing to be scheduled. Sometimes it’s up to a year after the interim hearing.’
‘A year?’ Liam said. ‘That’s ridiculous. How can it possibly take that long?’
Jerry shrugged. ‘That’s just the way it is, unfortunately. I’ll try to get it sped up for you, but it’s not always possible.’
‘I’m sure you can,’ Liam said. ‘We can’t wait a year until this garbage is all sorted.’
‘He’s trying to help us,’ Diana said. ‘Don’t be so ungrateful. And don’t refer to our son as this garbage. What’s wrong with you?’
Jerry exchanged a glance with Tom and then looked at his watch. ‘It’s getting late and you’ve probably got a lot to talk about. Why don’t I come back tomorrow night and we can start work on your affidavit and the wording for your submission?’
Tom and Jerry went upstairs to say goodbye to Eleanor and Noah and then Diana walked them to the front door.
‘Thank you, both of you, for everything,’ she said.
Tom smiled and kissed her cheek. ‘Everything will be fine, I promise.’ He nodded towards Liam and spoke quietly. ‘You need to talk to him. Don’t let him boss you around like that. Remember everything we spoke about while we were away.’
‘I will,’ Diana said. She waved goodnight to Jerry as he walked out to the car. ‘You remember what we spoke about as well.’
Tom smiled. ‘I will. Night, sis. Love you.’
‘I love you too. Thanks for the holiday. We’re lucky to have you.’
After Diana shut the front door behind Tom she closed her eyes and let her head tip forward until her forehead was resting against the door. Pressure had been building up in her head since she arrived home and now she felt she couldn’t even support the weight of it any more. How was she going to get through all of this? The tension with Liam, the custody hearing, all the waiting they would have to do before it was resolved. She wasn’t sure she had enough strength to survive it. She stayed with her head bowed against the front door for a few minutes, hoping the coolness of the wood on her forehead would help to alleviate the bonfire of problems that threatened to consume her.
• • •
As Jerry had predicted the interim hearing was scheduled for a date in mid June, nearly three months after they had been served with a copy of the application for custody. During the wait, Diana and Liam’s lives took on a strange new purpose. They didn’t return to being a loving husband and wife but they were no longer warring spouses either. The fear of losing Noah again united them because for once they both wanted the same thing. But even though their lives seemed calm, trepidation was a presence as tangible and constant as a fourth member of their household, replacing the space Diana’s mother left when she moved back to her own house. Noah seemed to sense it as well, even though Diana tried her hardest to keep him feeling happy and loved. She wanted his memories of her and Liam to be positive ones, just in case they were the last ones he had.
Before James Sinclair’s committal hearing, Diana had never been inside a courtroom. This room was much smaller than that one had been, with only a few rows of seats on either side of an aisle facing an elevated platform at the front. There was an unpleasant musty smell, presumably from the carpet, which looked as if it had seen thousands of people come and go judging by the worn track down the aisle. One of the fluorescent lights on the ceiling flickered on and off sporadically, giving Diana the beginnings of a headache.
The proceeding began with the judge reading out the affidavits both parties had prepared, but Diana couldn’t concentrate on anything other than the woman who was seated on the opposite side of the aisle to her and Liam: Catriona Sinclair. Diana was sure it was the same woman she had seen in the department store nearly a year ago. The similarities were too numerous for it to be a coincidence. She was an attractive woman, with blonde hair in a sleek style that just met the shoulders of her navy-and-white pinstriped suit jacket. She wore minimal make-up, but even from Diana’s vantage point across the aisle she could tell that she was the type of woman who didn’t really need make-up and merely used it to accentuate her features, rather than having to cover up imperfections. Diana looked down at her own outfit, a white business shirt and green skirt she hadn’t worn since her days as a school teacher, and wondered what the woman would think of her. Judging from appearances alone, Diana and Liam certainly weren’t as sophisticated or successful as Catriona Sinclair, but surely the judge would award custody to the party he felt could best support and care for Noah. Was that her, or them?
Though Diana barely took her eyes from the woman throughout the hearing, she didn’t look at Diana once. She kept her eyes fixed on the judge as he read out the affidavits, only occasionally glancing over her shoulder at a man seated in the row of chairs behind her. Diana knew it wasn’t her husband, because she knew what James Sinclair looked like – and of course he was still in prison – and she wondered if the man was a relative, although they didn’t look at all similar.
Liam poked Diana in the ribs with his elbow, which made her jump. She turned to him in question.
‘Pay attention,’ he said, not diverting his gaze from the front of the courtroom. ‘You’ll need to give your submission soon.’
But it was the other woman who was asked to speak first. At the judge’s request she stood up, took some papers from a leather satchel she had with her, and cleared her throat. Her delivery was controlled and her voice didn’t waver. She seemed comfortable addressing an audience and confident in what she was saying. It only served to make Diana even more nervous.
‘My name is Catriona Sinclair. I filed the application for custody of Noah Edmond Simmons because I feel I’m the best person to provide him with the love and care he deserves. I’m his biological mother, and my husband is his biological father. Despite the wrongdoings of my husband – for which he has been charged accordingly – the fact is that he is our son, in every sense of the word.’
Diana forced herself to look from the woman to the judge, but when she couldn’t read any emotion or response on the judge’s face, she looked back at the woman.
‘I have a successful and stable career that provides me with the means to be able to provide Noah with a comfortable life, and I have the support of my family and friends to help me raise him in a loving environment.’
Diana saw the man who was sitting behind Catriona Sinclair’s table nod and she deduced that he must be one of the family members she was speaking about.
‘I raised Noah as my son,’ she continued, ‘from when he was a baby up until his second birthday. I loved him and he loved me, and we had an ideal family life until he was taken from me. I admit what my husband did was wrong, but that shouldn’t change the fact that I am Noah’s mother, and the most appropriate home for him is with me.’
As she spoke that last sentence her voice cracked in her first show of emotion. She tucked her hair behind her ears, took a deep breath and continued.
‘I request of the court that Noah Edmond Simmons should be able to live with me for the duration of the custody hearing and I hope for the outcome of the final hearing to be that full custody of Noah is awarded to me, his rightful mother.’
Still without looking at Diana, the woman sat back in her seat, her submission finished. The man behind her put his hand on her shoulder, which she covered with her own and nodded in agreement to something he said.
‘Mrs Simmons?’ the judge said. ‘I believe you’re delivering the responding submission on behalf of yourself and your husband.’
‘I am, Your Honour,’ Diana said as she rose from her chair. She hoped her hands weren’t shaking as she held her submission in front of her. She took a few seconds to calm her breathing before she started to speak, as Jerry had instructed her to do.
‘My husband and I were thrilled when we found out we were pregnant,’ she said. ‘And even though the pregnancy was a result of an embry
o donation rather than a natural conception we never felt that the baby was any less our own child than if we had been able to fall pregnant naturally. We fell in love with Noah well before he was born and then even more so once he arrived.’
She tried to control her emotions as she prepared to talk about Noah’s kidnapping. No matter how much time passed and how many people she spoke to about it, it didn’t make it any easier to talk about what she went through that day.
‘The day Noah was kidnapped was the worst day of my life,’ she said. ‘He was only two months old when he was taken from me and I felt like someone had ripped the heart out of my chest. I can’t explain to you the incredible anguish my husband and I felt in losing the most important person in our lives.’
She looked at Liam who nodded with encouragement. Feeling strengthened by his response, she went on.
‘In the twenty-one months that passed between Noah’s kidnapping and his return to us, my husband and I never stopped loving Noah and never gave up hope that we would eventually be a family again. When Sergeant Thomas called me to tell me he had Noah it felt like finally everything was right in the world again. I had my son back.’
Diana paused and looked at the woman on the other side of the courtroom, but she was looking down at the table and didn’t return Diana’s gaze.
‘I am Noah’s mother,’ Diana continued. ‘I legally adopted him as an embryo, I carried him inside me, I gave birth to him and I love him more than I can possibly describe to you. My husband and I are good people, and good parents, and we deserve to be able to live the happy family life that we were denied for so long.’
Diana put the piece of paper down on the table and prepared herself to deliver her final statement. She no longer felt nervous or upset, but she wanted to make sure the judge understood how much she loved her child and what he would be doing to her if he took her son away from her.
‘Noah is only two years old and he has already been exposed to more drama and uncertainty than anyone deserves to have in their lifetime. My sole purpose in life is to make sure I give Noah the most wonderful life possible – and that life is with me, and my husband. I can’t imagine a life in which I have to live without Noah again, and I hope with all my heart that I never have to. My husband and I ask that Noah remain living with us during the custody hearing. He is happy, and settled, and we don’t want anything to change that. Our submission is to retain full custody of Noah and we look forward to Your Honour’s decision in the final hearing, which we are sure will be in our favour.’
After she sat back down in her chair Jerry, who had been seated to her left throughout the hearing, squeezed her arm. ‘You were amazing, Di,’ he said to her. ‘Well done.’
Liam didn’t say anything, but he did smile at her and she could see the gratitude in his eyes, which she took to mean he also thought she had done well.
The judge deliberated for a few minutes, re-reading the affidavits, before he spoke.
‘I thank both parties for their submissions on what is obviously an emotional topic for all concerned,’ he said. ‘I will consult with the legal representatives involved for setting a date for the final hearing in which we will determine which party will have final custody of Noah Edmond Simmons.’
Jerry took hold of Diana’s hand underneath the table and she was surprised that his hand was sweaty. He must have been just as nervous as she was.
‘Between today and the date the final custody hearing commences, Noah Edmond Simmons will continue to live with his adoptive parents, Diana and Liam Simmons. I believe this is the least disruptive living situation for Noah, and that is my primary concern at the moment.’
Jerry squeezed Diana’s hand as she felt a rush of relief.
‘I will organise for a court-appointed psychologist to interview both parties and supervise the child in question,’ the judge continued. ‘We will try to arrange for that to occur within the next month. Other than that, I will converse with your legal representatives on any other information I require between now and the final hearing.’
The judge stood up and nodded to both sides of the courtroom. ‘Thank you for your submissions and I will see you back in court again soon.’
The judge left the courtroom and straightaway Catriona Sinclair, her lawyer and the other man collected their belongings and walked out. Diana tried to catch her gaze as she left, but Catriona Sinclair didn’t look at her.
Liam put his arm around Di’s shoulders and pulled her towards him. ‘First hurdle down, he’s still ours.’
Diana tried to smile, but her eyes were blank. She was picturing the day she had lost Noah in the supermarket, and the day on the beach with Richard when she thought she had lost him again. She couldn’t face that a third time. Her heart couldn’t take it. And after seeing Catriona Sinclair in person, Diana no longer felt assured that she was the one who was going to raise Noah.
She allowed Liam to tug her to her feet and lead her from the courtroom, already dreading the day she would have to return there.
23
CATRIONA
Sunday, 22 June 2014
Catriona heard the front door open and close and then Spencer’s footsteps as he walked towards the bedroom. When the footsteps stopped she opened her eyes to find him standing at the foot of the bed.
‘How are you feeling?’ he asked.
‘The same.’
‘Do you think you’ll get out of bed today?’
‘Probably not.’ The interim hearing was five days ago and so far Catriona had only left the bed to go to the bathroom or the kitchen.
Spencer sat on the bed, which sagged under his weight. He had a newspaper under his arm and held two coffees in a cardboard tray. ‘I know how upset you are, but staying in bed isn’t going to solve anything. I thought you were stronger than this.’
Catriona had thought so too, but her disappointment was so thick she couldn’t get past it. She had wanted so much to see Noah again, to hug him, to tell him that she loved him, but now there wasn’t a chance of that until the final hearing.
‘Maybe I’m not as strong as you thought,’ she said.
‘That’s rubbish. You’re the strongest person I know.’
‘I couldn’t even look at them. It was bad enough seeing their photo in that magazine. I knew if I looked at that woman all I would see was her kissing and hugging Noah.’
‘It was awful, I know. But you need to move past this. At least sit up and have the coffee I brought you.’ He handed her one of the cups.
Catriona sighed and sat up. She was parched and her teeth felt gritty. She wondered if Spencer regretted moving in with her. Just before the interim hearing his landlord had tried to increase his rent and when he told Catriona it was more than he could afford, she suggested he stay with her.
‘When did you last see James?’ she asked Spencer.
‘Last week. Why?’
‘Does he know I’m trying to get custody of Noah?’
‘Yes. I told him.’
‘What did he say?’
Spencer kicked off his shoes and took a sip of coffee. ‘He didn’t really say anything. He just cried.’
Catriona sat up straighter. ‘He cried? Why?’
‘Why do you think? He’s concerned for you, and grateful that you’re trying to get Noah back.’
‘Oh.’ She turned the coffee cup around in her hands. The heat was burning her through the cardboard, but she didn’t put the cup down. ‘Have you told him about us?’
‘No. You told me not to.’
‘Since when do you listen to anything I say?’
Spencer laughed. ‘Was that an attempt at a joke? You must be feeling better.’ He stood up and put the newspaper on the bed next to Catriona. ‘Maybe you should come with me next time I go to see him.’
‘I don’t have anything to say to him,’ she said.
That wasn’t really true. There was plenty she wanted to say to James, but she knew if she went to see him he would work out that she was in
a relationship with Spencer, and he would consider it a betrayal. But he had betrayed her first. He had kept her son’s death from her and deceived her by replacing Sebastian with another child. That was far worse than what she was doing with Spencer.
‘When’s that psychologist coming to assess you?’ he asked.
‘Next Wednesday.’
He leaned over the bed to kiss her, and then walked to the bedroom door. ‘I’m not an expert on parenting, but I’m guessing you won’t come across as being a capable parent if you can’t get out of bed. You’ve been through worse than this and you managed to survive it; you’ll get through this as well.’
After he left the room Catriona thought about what Spencer had said. She knew he was right; she needed to pull herself together. She had to get both herself and the house ready so she could prove to the judge that she could provide the best home for Noah.
• • •
When the psychologist, Mrs Collins, arrived ten days later, Catriona struggled to guess her age. She was dressed like a woman in her sixties, but her face was relatively unlined and her hair had only the slightest hint of grey, so perhaps she was much younger than her clothing suggested.
At her request, Catriona showed her around the house. She had unpacked Noah’s bedroom the day before, pulling his clothes and toys out of the boxes she had stored them in. She hung his clothes on hangers in the wardrobe and stacked his T-shirts and shorts in neat piles in the chest of drawers. She placed his toys around the room, trying to replicate the way it had looked the day he left; she washed his sheets and blankets and made up the cot. When she was finished, it looked as if he had never left.
Catriona wished she had thought to pay the same amount of attention to her own bedroom. She noticed that when Mrs Collins glanced into the room she stared straight at a pair of Spencer’s pants draped over the back of a chair. Catriona mentally kicked herself for not putting them away. She had told Spencer it would be better if the psychologist didn’t know they were living together, so he had gone out for the day. She had removed his shoes from the hallway, his jacket from its customary spot on the back of one of the dining chairs and his car magazines, which were scattered over the coffee table. But she hadn’t thought to remove traces of him from her bedroom.
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