The Sun and Her Moon | CHONI |

Sixty Five

'So this court case today is regarding a child named Thomas James Topaz, the mother Ms Topaz is requesting that all parental rights are removed from the father Mr Lopez and Mr Lopez is requesting custody to be split evenly between both mother and father, correct?'. 'Yes your honour' they both said at the same time. 'Mr Lopez in regards to Thomas could you tell me how you would provide for him if you were granted split custody?' the judge looked at him expectantly, Lukas hadn't even bothered to pay for a solicitor. 'You don't have to worry about that your honour, I will make sure Tom has everything he needs' Lukas answered. 'Well Mr Lopez I do worry, you don't seem to be employed nor have you been since Thomas was born so can you explain to me how you would provide for the child should he live with you'. 'Your honour I have a job lined up, I'm just waiting for a start date. A young boy needs his father, not to live in a house of sin'. 'Mr Lopez, Ms Topaz's relationship shouldn't concern you, this is about Thomas. A child needs stability, love and care, can you offer Thomas that?'. 'Of course I can' Lukas said confidently causing the judge to nod his head and look at Toni.

'Ms Topaz, you are requesting I completely remove all of Mr Lopez's parental rights correct?' the judge asked looking at Toni. 'Yes your honour' Toni nodded. 'Now after looking at the case file your solicitor has prepared, I can see the concerns you have as a mother' he said before looking at Lukas. 'Mr Lopez I assume you have read the accusations against you and the reasons Ms Topaz thinks you are an unfit parent?'. 'I have and it's lies, I'd never hurt her or my child. He's my life' Lukas stated and Toni couldn't help but shake her head. 'Mr Lopez you are aware I have photographic evidence of the injuries Ms Topaz accuses you of causing her and Thomas' He said with raised eyebrows. 'She's lying' he raised his voice a little. 'Then can you explain how this happened? Ms Topaz said you were residing with her and Thomas at this time so I assume you would notice the injuries I am seeing in front of me'. Lukas stuttered a little before trying to compose himself 'I'm unsure your honour'.  'Mr Lopez, these accusations are serious, do you understand that?'. He only nodded at that and hope rushed through Toni's body at the possibility of getting what she came for. 'I was made aware that Thomas was present for some of the abuse you suffered Ms Topaz, is that correct?'. 'Yes your honour' she nodded. 'And due to that I was supplied with a small recorded interview with Thomas from your solicitor Ms Topaz, that I understand you was not present for, can we play that now' the judge said before a woman brought through a tape recorder to play the audio for them to listen to.

'So Thomas, can you tell me how old you are?'.
'I'm six now, I just had a birthday'.
'Wow, such a big boy... So Thomas I just want to ask you a few questions, is that okay with you?'.
'Yes'.
'So can you remember the last time you saw your father and can you tell me what happened?'.
'Mommy woke me up in the middle of the night, we had to go because Daddy hit me and it really hurt'.
'Okay Thomas, good job. Can you tell me what it was like when Mommy and Daddy was together, was they happy or sad?'.
'Mommy was sad and Daddy was always really mad at Mommy and me'.
'Okay, do you know why Daddy would get mad?'.
'Nope, he just be angry and then he would punch my Mommy'.
'Did you see him do that?'.
'Yes... Mommy always used to tell me to go to my room when Daddy was mean'.
'How did that make you feel, can you remember?'.
'Really sad before Mommy used to cry all the time, after Mommy put me to bed I could hear her crying through the wall'.
'Okay Thomas you are doing really well, can you remember if Daddy ever put you and your Mommy in a room while he went out?'.
'Yes, when Mommy's face was bleeding he used to make us stay in Mommies bedroom, I had to hug Mommy to make her feel better'.
'Do you want to see your father again Thomas? Would you feel safe with him?'.
'No, I'm scared of him, I want to stay here'.
'Okay it's okay and one more question darling and then we're all done. Are you happy now and if so can you tell me why?'.
'Yes, I'm happy and so is my mommy. Mommy and Mama are in love and they love me. They teach me things and read to me every night before I go to sleep. Mommy is always silly now and she makes me and Mama laugh all the time. I don't want to go back to my daddy, I don't want him to be my daddy anymore'.
'Okay Thomas you did great'.

That was the first time Toni had heard what Tommy had said to Isabelle and she couldn't stop the tears no matter how hard she tried. 'Ms Topaz would you like a moment?' the judge asked. 'No, I'm sorry your honour' Toni said quickly wiping her tears away. 'Mr Lopez, do you have anything to say after hearing that?'. 'It wasn't like that, she's poisoned his mind against me' he scrambled to put a sentence together. 'I was recently informed that you, Mr Lopez committed assault towards Ms Topaz's partner in this courthouse with staff witnesses, can you tell me something about that?'. The judge was getting impatient and Lukas knew it. 'I was being provoked' he mumbled knowing he couldn't lie his way out of this one. 'Mr Lopez, the accusations and evidence against you is huge even without your actions from today. After reading through the case file I was horrified by the accusations against you but I also wanted to give you a chance to explain yourself. You've come into my courtroom to have access to your son completely unprepared. You've attacked another person in this courthouse in front of your son, if you can do that here how can you expect me or any other judge to trust you are capable of being his parent?' the judge looks at him expectedly but Lukas offers him no answer. 'Mr Lopez, Ms Topaz, child custody cases can take from weeks to months to years...'. Toni felt her stomach drop, how could she do this to her son for years. 'But on this occasion I do not need more time to make a decision. Ms Topaz your request for Mr Lopez's parental rights to be remove has been granted. Mr Lopez since Ms Blossom doesn't want to press charges against you for assault you won't be arrested after you leave this room but what I will do is issue a restraining order. You may not contact Ms Topaz or Ms Blossom inevitably. You may also not contact Thomas until he is at least eighteen years of age when he is an adult, if you do you will be arrested immediately. Mr Lopez you will be held behind until Ms Topaz has safely left the building. This case is closed'. He bangs the gavel and stands to leave.

'This is bullshit!' Lukas yells 'you'll pay for this you bitch!'. He was being dragged away by security shouting and fighting to get to her but Toni couldn't feel scared, she was too happy, relieved, she felt a weight that she didn't even realise the heaviness of lifted from her shoulders. 'Toni you did it!' Isabelle smiled brightly bringing her attention from the commotion Lukas was causing to herself 'now what do you say you go and tell your family?'. Toni nodded eagerly as she followed Isabelle out of the room stopping just behind her as she got out of the door. 'Toni, Lukas won't be let out of here until at least half an hour after you've left if you was worried about him following you home. All paperwork will be sent to you by post, is there any questions you have for me?' Isabelle asked. 'Is this real?' Toni said still trying to let everything settle in her mind, she was safe from Lukas but now Tommy is too, no one is going to take him away from her. 'Yes Toni this is all real, you are finally free of Mr Lopez and Tommy's sole parent'. Toni nodded, yes she was Tommy's sole parent legally but the little boy had made a decision months ago that he had two mothers. 'Okay Toni, I have some paperwork to fill out, so I'll be in touch to make sure you receive everything and to answer any questions that may arise. Congratulations again!' she smiled as she nodded before walking away and leaving Toni alone.

The small woman took a breath, she had been crying and she wanted to go to the bathroom before going to the waiting room and telling Cheryl and Tommy the good news. She was still angry with the redhead though about what had happened with Lukas and she would definitely be talking about it to her later. She entered the bathroom and she was thankful she was alone as she made her way over to the sink to take a look in the mirror. Her face was puffy and tear stained and not at all a reflection of how she was actually feeling, she gave herself a small smile. She was actually proud of herself for the first time in a long time. She ran the water and cleaned up her face the best she could before finally deciding she had it together enough to share the news. She left the bathroom in search of her family. Toni stood behind the doors to the waiting room slowly pushing it open as she inhaled. Cheryl and Tommy didn't notice her at first, the little boy sat on the redheads lap as he ran his finger over her cut lip. It was only when Toni took a step inside Cheryl noticed her and stood up with Tommy in her arms looking at her in anticipation as she made her own steps towards her love.