Chapter 8: The Hearing
Judge Alcott's courtroom was smaller than I expected.
Wood paneling.
Fluorescent light.
A low ceiling that made the room feel compressed.
Patricia had told us to arrive thirty minutes early, dress conservatively, and not to speak to Renata or her attorney under any circumstances.
Renata was already seated when we came in.
I recognized her from a photograph Joshua had shown me — late thirties, dark hair pulled back, a composed expression that looked practiced.
She didn't look at us when we entered.
Sylvia Crane sat beside her.
She was older than I'd imagined.
Sixties, silver-haired, with reading glasses on a chain around her neck.
She looked like someone's grandmother.
She was reviewing a document and didn't look up either.
We sat on our side of the room.
Patricia leaned over.
"Carol Finch is not here.
That's good.
It means Crane is going to rely on the declaration rather than live testimony.
We can challenge a declaration.
It's harder to cross-examine a person."
The judge entered.
Everyone stood.
Judge Alcott was in her fifties, with close-cropped natural hair and an expression that gave nothing away.
She reviewed the case file for two full minutes before she spoke.
"We're here on a motion for emergency placement review filed by Ms.
Voss, and a supplementary motion challenging the validity of the existing adoption placement." She looked up.
"Ms.
Crane."
Crane stood.
"Thank you, Your Honor.
The core of our position is straightforward.
The existing placement was obtained through a process that concealed a material fact — namely, that the adopting father had a direct familial interest in removing these children from my client's care.
This was not disclosed to the court, and it was not disclosed to the adopting mother, who we submit was herself misled."
I kept my face still.
"Furthermore," Crane continued, "we have submitted a witness declaration establishing that the adopting father characterized this placement as temporary — his word — to a third party.
This directly contradicts the permanent adoption filing."
Judge Alcott looked at Patricia.
"Ms.
Osei."
Patricia stood.
"Your Honor, the familial relationship between Mr.
Mercer and the children's birth father was disclosed in the original filing.
It is on page four.
We'd like to direct the court's attention to that page now."
A brief pause while the judge reviewed.
"As for the witness declaration," Patricia continued, "we have submitted documentation this morning establishing that Carol Finch is the maternal aunt of Ms.
Voss.
This relationship was not disclosed in the declaration, which we believe constitutes a material omission.
We are asking the court to weigh that declaration accordingly."
Crane was on her feet immediately.
"The declarant's family relationship to my client does not automatically—"
"Ms.
Crane." Judge Alcott's voice was flat.
"I'll determine what it does or doesn't establish.
Sit down."
Crane sat.
The judge read for another moment.
Then she looked up.
"I'd like to hear from Mrs.
Mercer directly."
Patricia touched my arm lightly.
I stood.
"Mrs.
Mercer," Judge Alcott said, "Ms.
Crane's motion suggests you were not fully informed of the circumstances surrounding this adoption.
Is that accurate?"
I looked at the judge directly.
"I learned the full circumstances after the adoption was finalized," I said.
"My husband should have told me sooner.
He didn't.
That was wrong."
The room was very quiet.
"However," I continued, "I have been the primary caregiver for Eli and Noah for three months.
I know that Eli is afraid of loud noises and needs the closet light left on.
I know that Noah has a stutter when he's nervous that disappears when he feels safe, and that it has almost completely disappeared in the last six weeks.
I know what they eat, what they dream about, and what makes them laugh."
I paused.
"I am not a victim of this process, Your Honor.
I am their mother.
Those are not the same thing."
Judge Alcott held my gaze for a moment.
Then she made a note.
Crane stood again.
"Your Honor, with respect, emotional attachment does not—"
"Ms.
Crane," the judge said, without looking up from her notes, "I'm aware of what emotional attachment does and doesn't establish under family law.
I've been sitting in this courtroom for nineteen years."
She set down her pen.
"I'm going to take a thirty-minute recess to review the supplementary filings.
When we return, I'll hear closing statements."
She stood.
Everyone stood.
Patricia leaned close to me.
"That was exactly right," she said quietly.
I sat back down.
May you like
Across the room, Renata was speaking to Crane in a low, urgent voice.
Crane was shaking her head.
