Chapter 7: The Hearing
The motion was heard four days later.
The courtroom was small and fluorescent-lit, the kind of room where important things happen without ceremony.
Susan sat beside me.
Across the aisle, Marcus sat with his attorney — a man named Gerald Fitch who had the practiced stillness of someone used to winning.
Carla was not present.
Susan had told me that morning that she'd advised Marcus against bringing her.
The reviewing judge was a woman named Judge Adler.
She had read the filings.
That much was clear from the way she looked at Gerald Fitch when she entered.
"Mr.
Fitch," she said, before anyone had spoken.
"I've reviewed the original petition and the order signed by Judge Calloway.
I've also reviewed the complaint filed with the oversight board and the affidavit submitted by Patricia Holt." She set down her papers.
"I have some questions."
"Of course, Your Honor."
"The emergency petition was filed on a Thursday.
The order was signed Friday morning.
No notice was provided to the mother.
No guardian ad litem was appointed." She looked at him steadily.
"Walk me through the emergency."
Gerald Fitch opened his folder.
"Your Honor, the petitioner had documented concerns regarding the child's home environment, including—"
"One report," Judge Adler said.
"Filed eleven days prior.
By the petitioner's fiancée."
"Corroborated by a character statement from—"
"The petitioner himself." She closed the folder in front of her.
"Mr.
Fitch, what was the nature of the relationship between the petitioner and Judge Calloway?"
A pause.
"They are related by marriage, Your Honor.
Distantly."
"Judge Calloway is the petitioner's uncle by marriage.
That relationship was not disclosed in the filing."
"It was an oversight—"
"It was a disqualifying conflict of interest." Her voice didn't rise.
It didn't need to.
"The order is vacated."
Gerald Fitch sat forward.
"Your Honor, if I may—"
"The order is vacated, Mr.
Fitch.
The child is to be returned to his mother's custody today." She turned to our side of the room.
"Ms.
Farr."
Susan stood.
"Yes, Your Honor."
"I'm ordering a full custody evaluation.
Both parents.
Sixty days.
The child will remain with his mother pending the outcome." She looked back at Marcus.
"Mr.
Calloway, you are to have no contact with the child outside of supervised visitation until the evaluation is complete.
Is that understood?"
Marcus's jaw worked.
"Yes," he said finally.
"Your Honor."
"Additionally, I am referring the original filing to the state bar for review of Mr.
Fitch's conduct." She gathered her papers.
"And I am forwarding the matter of Judge Calloway's undisclosed conflict to the judicial conduct commission."
Gerald Fitch said nothing.
Marcus stared at the table.
Susan touched my arm.
I looked at my hands in my lap.
They were completely still.
The first time in weeks they had been still.
In the hallway outside, Marcus caught up to me before I reached the door.
"Rachel."
I stopped.
Susan stopped beside me.
He looked like a man who had rehearsed something and then forgotten it.
"I thought—" He stopped.
Started again.
"I thought it was the right thing.
For Noah."
"You told our son I agreed to it," I said.
"You took his phone so he couldn't call me.
You filed false reports and used a family connection to bypass due process." I looked at him evenly.
"That wasn't for Noah.
That was for you."
His mouth opened.
"The evaluation starts next week," I said.
"I suggest you be honest in it.
For once."
I walked out through the courthouse doors into the afternoon light.
Susan was beside me.
She didn't say anything for a moment.
Then: "I'll call you when the paperwork is processed.
Should be a few hours."
"Thank you," I said.
She nodded and turned toward the parking lot.
I stood on the courthouse steps and called Carol's house.
Noah picked up on the first ring.
"Mom?
What happened?"
"You're coming home today," I said.
"Right now.
I'm on my way."
A pause.
Then a sound I hadn't heard in weeks — a long, unsteady breath that turned into something almost like a laugh.
"Okay," he said.
"Okay.
I'll get my stuff."
"You don't have stuff there, baby."
"I know." Another breath.
"I just didn't know what else to say."
May you like
"Me neither," I said.
"I'm getting in the car right now."
