Link: The Wisher's Paradox Title Page and Description

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As Christina walked into the courtroom, she was nervous. Living with her grandparents these last five days had been both wonderful and heartbreaking. That first day they'd been loving toward her, but after her grandmother knew the truth of who she was and told Walter, she'd lost all hope of acceptance.

Christina walked out of her bedroom wearing one of the dresses they had bought for her. The shy smile she wore slowly fell the closer she got as she approached the two still sitting on the couch.

"It's true Walter!" Virginia insisted. "She's Walt! I know it! What's more, she knows it, and I think our daughter does, too!"

Clearing her throat, Christina watched the two turn to her. "Um... I wanted to thank you for all the things you got for me. You... you didn't have to do that." Turning in place, she showed off her dress. "W... what do you think?"

Virginia knew that she'd overheard them. "It looks very nice... Walt. Wouldn't it be better if we got you some boy clothes?"

Gulping, Christina looked at the floor. "You just want Walt back now that you know. I'll go change into pants for you so I won't make you upset. I'm sorry." At that, the girl headed back into her room and changed back into her donation clothes; her grandparents unable to say anything to stop her.

Today though, she wore her best dress. Her lawyer had told her grandparents that it would make a good impression and help ensure that Christina stayed in their custody, and under the 'protection' of DCS, for the next six years.

Following her grandparents, she sat in the gallery as others assembled. When her parents came in, it took all her willpower to not jump up and run to them. Seeing her father wink and smile at her gave her badly needed hope. When she saw Ruth though, her heart sank. Her mother looked like a broken toy, walking into the court vacantly and without any sense of feeling from her. She didn't even look over at her. I'm never gonna see them or Kathy ever again! she told herself. This is my punishment for wanting to be a girl! I have to watch everyone that I care about get hurt because of my stupid wish!

"Call the next case." Judge Marcus Fallon stated clearly.

"Cocoran versus Arizona Department of Child Safety, your honor." the court clerk told him. "Custody case."

"Counsels may approach the bench." he sighed, hating these sort of cases. In light of recent news stories, he knew the public would be watching. "So what's the story here, counselor?" he asked Kyle Smith, the DCS counsel.

"Complex, but it boils down to the fact that the Cocorans want custody of their daughter, your honor. She is presently in DCS custody following a child abduction case where she was recovered. The state contends that they aren't fit parents on the grounds that they sold her at birth. We would like to move for dismissal, your honor."

"Very well." he sighed, glad that he could clear the docket quickly and avoid the publicity. "Unless counsel for defense has objection..."

"I do, your honor." Lisa Everett spoke up. "The charges against my clients for allegedly selling their child at birth were dropped by the DA for lack of evidence. They have no criminal history and are well-established members of the community, your honor." Handing him a brief showing the disposition of the allegations, she waited patiently.

Glancing at the brief, Judge Fallon sighed. "Very well. Motion to dismiss is denied. You may proceed." he directed at the Cocoran's lawyer.

"Thank you, your honor." Lisa smiled as she returned to her desk. "The case here is not as complex as the opposing counsel indicated. On July twenty-second, two-thousand-five, Christina and Walter Cocoran were born to Ruth and David Cocoran; fraternal twins. Their doctor, one Fredrick Young, told the Cocorans at the time that Christina was stillborn."

"Objection, your honor!" Kyle interrupted. "That's pure hearsay. No Fetal Death Certificate was ever filed by Dr. Young, your honor. The plaintiffs have no proof that he told them anything."

"Your honor, if I may be allowed to proceed, I can offer evidence." Lisa stated calmly. "I offer into evidence the following FBI investigation report. It shows that Dr. Young had in his possession at time of death a substantial amount of cash in his home. It was the finding of the FBI that Dr. Young had abducted Christina Cocoran, sold her on the black market, and died before he could submit falsified birth or death certificates. The FBI agents who prepared the report are considered experts in this area and I can call them as witnesses to support that conclusion, your honor."

"Objection overruled." he gaveled after skimming the report. "Proceed."

"Thank you, your honor. As I was saying, after being told by Dr. Young that their daughter was stillborn, the Cocorans took their son Walter home and raised him, believing that he was their only living child. Then sometime during the night of May second of this year, Walter Cocoran was abducted from his home by the same people who had purchased Christina Cocoran from Dr. Young."

"Objection!" Kent almost shouted. "Counsel for the plaintiffs is spinning a story here, your honor! None of this has been substantiated! The facts are that on the date in question, Walter Cocoran went missing from his home! No evidence has surfaced to show abduction, your honor!"

"Your honor, I submit this FBI report, in addition to the Police report taken by Officer Raul Martinez, showing that my clients reported the abduction immediately on discovery." Handing him the papers, she stepped back.

Glancing at the two reports, Judge Fallon nodded. "Overruled. Continue."

"Thank you, your honor. The key to this abduction and knowing it was done by the same people who'd paid Dr. Young for Christina Cocoran is that the fact that the child in question, Christina Cocoran, was left in the Cocoran home after abducting her twin brother."

Looking up from the papers he was skimming, Judge Fallon interrupted. "They gave her back? After more than eleven years?"

"Yes, your honor." Lisa nodded to him. "On waking and finding Christina in their home, and believing her to be an unrelated person, they turned her over to Phoenix PD. She was then taken to the nearest hospital with a mild concussion."

"How was the injury received?" the judge inquired.

"The police report shows that the injury was received when Christina fell out of her brother's bed, your honor. She was trying to tell my clients that she was their daughter, but they were understandably skeptical, believing her to have not survived birth. She became agitated and fell."

"Objection!" Kyle shouted again. "The police report only alleges that this was the case. DCS contends that the injury may have occurred by abuse of the child, your honor! This can be substantiated by her history of violence!"

"How can the child have a history of violence if she's only been recovered for a month, counselor?" Judge Fallon probed.

Pulling out his own reports, Kyle handed them to the judge. "The child in question assaulted the attending physician, one Dr. Ramsey, in front of two police witnesses, as well as the attending nurse. Later, in DCS placement, the child assaulted a fellow foster child without provocation. This clearly establishes that the child has severe emotional trauma and needs to be kept in DCS protection, as well as casting serious doubts as to how her injury was sustained. Considering that it was the plaintiffs who are the only witnesses to this alleged 'fall', it's inadmissible!"

"Your honor!" Lisa insisted. "The police report shows that Christina herself admitted to the attending nurse that the injury was a result of a fall! Further, the medical exam conducted at the time showed no signs of abuse! Counsel for DCS is making unsubstantiated allegations without evidence or charge!"

"Abuse victims commonly go along with whatever story their parents tell them to say, your honor!" Kyle countered. "It would require an expert to say if the child was coached or not. We move for postponement to allow time for the child to be examined by a competent authority to determine the truth."

Reading that part of the police report carefully, Judge Fallon grimaced. "This report shows that a licensed physician, two police officers, a registered nurse, and two EMTs all agree that the injury was a result of a simple fall with no signs of abuse in evidence. Objection overruled. Proceed, counsel."

"Thank you, your honor!" Lisa sighed in relief. "On follow-up investigation, the lead agent of the FBI team looking into Walter Cocoran's abduction, one Lyle Stewart, found evidence substantiating Christina's claim that she was in fact their daughter. While hospitalized, a DNA sample was taken from Christina. This was compared to the DNA of the Cocorans, provided voluntarily by them in the course of the investigation."

Handing him the DNA results, Lisa stepped back again. "The report shows that she is in fact, the daughter of Ruth and David Cocoran, your honor. Once presented with this evidence, my clients were immediately concerned that she be returned to their custody. Acting on the advice of the lead agent in charge of their son's case, they allowed DCS to take custody, with the expectation that she would be returned to them in due course. DCS has thus far failed to even allow reasonable visitation. In the last month, my clients have only been allowed one visit with their daughter."

"Objection, your honor." Kyle stated a little less enthusiastically. "The child in question was undergoing therapeutic observation with a DCS authorized representative following the unprovoked assault on another foster child! Acting on behalf of the child's best interest takes precedence over parental visitation rights!"

"Your honor, counsel for DCS has refused to provide the credentials for their representative! This is a violation of my clients' rights to all material relevant to their child's care! Failing to provide this won't allow my clients to review their qualifications and may include impeachable evidence!"

Looking at the counsel for Christina, Judge Fallon noticed she had not said a word since the hearing began. "Does counsel for the child have anything to add?"

Janice Taylor looked up from her notes. "Not at this time, your honor. My client substantiates the facts as presented by counsel for DCS."

"Very well. Objection sustained. Counsel will refrain from impugning the Department of Child Safety by alleging unfounded failure to provide reasonable visitation. Move on, counsel."

"Yes, your honor." Lisa sighed. "Your honor, this case boils down to the simple fact that my clients, having only just found out that their daughter was alive after nearly twelve years, allowed DCS to take custody on the presumption that she would be returned to their custody once her identity could be established in fact. Counsel for DCS has not made any objection to the fact that Christina is in fact my clients' daughter. They have gone so far as to place her in a kinship home with Ruth Cocoran's parents on that assumption! No charges are pending against my clients alleging they abused or neglected her. There is simply no reason not to return her to their custody! That is the basis of the petition as filed, your honor. My clients move to have their parental rights reinstated and to have Christina reunited with them as soon as practical." At that, Lisa took her seat.

Turning to the DCS representative, Judge Fallon pursed his lips. "Counsel has made a motion to have their parental rights reinstated. Does counsel for DCS or for the child object?"

"Yes your honor." Janice finally spoke up. "My client is happy in the home she is in, her guardians are financially secure, she's healthy, the home is safe and secure, and we see no reason for a change in custody at this time."

Kyle stood, clearing his throat. "Counsel for DCS also objects, your honor. Counsel for the Cocorans is asking us to reinstate parental rights. That's quite impossible when they never had parental rights to begin with. Since there is no record of live birth for the child, and thus no registered proof that they are in fact her parents, DCS cannot reinstate rights that weren't taken from them in the first place. DCS moves to make Christina Cocoran a ward of the state until such time as she reaches the age of majority."

Lisa stood up to refute his claim. "Your honor, my clients are established as the biological parents of Christina Cocoran. DCS has already stipulated as such in their own records!" Handing a brief to the judge she continued. "This brief shows that on May thirtieth of this year, DCS filed a report to the District Attorney alleging that my clients engaged in human trafficking by selling their daughter to another family. The very basis of that allegation begins with establishing that my clients are in fact Christina's parents."

Judge Fallon read the brief quickly. "Agreed, counsel. Mr. Smith? You're already on very shaky ground here. Trying to play both sides of the question by claiming that the child both is and isn't the child of Mr. and Mrs. Cocoran is wasting this court's time. Motion denied. As for your motion, Miss Everett, I'm afraid I can't grant it, at this time. Counsel for the child has indicated that she does not wish to reunite at this time. If you wish, you may call character witnesses on their behalf, or impeachable witnesses against the current guardians. The court will consider their testimony before making a final ruling."

"Yes, your honor. I would like to call Christina Cocoran."

"Objection, your honor!" Kyle stood up. "The child is violent, mentally unstable, and should be considered an unreliable witness until such time as her mental state improves with therapy! By the plaintiff's own admission, Christina Cocoran was abducted from her parents and raised by her captors. She has had insufficient time to cope with these traumas and needs intensive therapy before her testimony can even be considered! Counsel for the child has already indicated that her client does not wish to be reunited with her birth parents and is happy, healthy, and safe where she is!"

"Your honor, it has not been established in fact that Christina is needlessly violent or mentally unstable. I have here a transcript of the recording made at the hospital on the date of her examination where counsel for DCS states she struck her attending physician. It shows that Christina reacted to Dr. Ramsey attempting to begin a pelvic exam without her consent. Your honor, if that isn't just cause to slap a man, then self-defense as a legal defense must be called into question as well."

"Further, it is my clients' contention that Christina's wishes in this matter have not been considered by either counsel for DCS or even her own counsel. It is entirely possible that counsel for the child has misinterpreted her client's wishes. We would like that clarified for the record. If Christina sustains her counsel's statement, my clients will withdraw their petition."

"Your honor!" Kyle raised his voice. "You cannot allow the child to testify against her own best interests! The child cannot be allowed to testify!"

Seeing a way that the hearing could be brought to a quick end, Judge Fallon nodded. "Very well. Objection overruled. The witness will take the stand."

Swallowing hard, Christina stood up and walked toward the bench. Passing her parents, she smiled at them briefly before resuming her walk to the witness stand.

Turning to her, Judge Fallon smiled. "Hello, Christina! I'm Judge Fallon. Now, this isn't a trial. It's just a hearing to determine where it's best for you to live. Do you understand?"

Nodding quickly, Christina managed to stammer, "Y... yes, your honor, sir."

"Do you know the difference between telling the truth and making up a story, Christina?" he probed.

"Yes, sir." she replied quietly. "I always tell the truth. The people that raised me told me that lying was a sin. I want to be a good girl, so I never lie. Not on purpose, anyway!"

Nodding, he turned to the Cocoran's lawyer. "You may proceed, counsel."

Stepping up to her, Lisa smiled. "Hi, Christina! I just have one question for you. If you could chose, where would you want to live?"

Looking at the judge, Christina cleared her throat that was threatening to close with fear. "Um... well, if it was up to me, I'd live with my parents. It's always better when a kid lives with their parents, right?"

"Not always, Christina." Judge Fallon answered. "Sometimes parents are mean to their kids and it's our job to make sure they never get hurt again. That's why this court exists."

"No further questions, your honor!" Lisa beamed and returned to her seat.

"Counsel for the child?" Judge Fallon offered.

"Um... no questions, your honor." Janice stated nervously. At first sure that siding with DCS was the safe way to get a winning case, she was beginning to see the wind blowing the other way. "Permission to recall this witness at a later time, your honor?"

"Granted. Counsel for DCS?"

Stepping up to Christina, Kyle smiled at her with a grin that didn't reach his eyes. "Christina! You just said that the people that raised you told you that lying was a sin, right? That would be the same people that took you away from your parents, right? Now these people told you that your name was Walt and that you were a boy, right? Well, if that happened to me, I know I wouldn't do anything they told me after that! So, you aren't telling us the truth when you say you want to live with your parents, are you?"

"Objection, your honor!" Lisa shouted. "Counsel for DCS is badgering the witness! Counsel asked, by my count, four questions without giving the witness a chance to respond, and the final question impugns the witness's honesty!"

"Objection sustained. Rephrase, counselor."

"Your honor, this witness is a victim of a lifetime of mental abuse!" Kyle contended. "The witness won't answer honestly, because the witness doesn't know fantasy from reality! Just over a month ago, the witness believed that she was a boy, that the people who raised her loved and wanted her, and that they were her birth parents! Since then, the witness has not only learned they never were her parents, but that she was in fact a girl! Having her whole world turned upside down, she's since had violent episodes, escaped police custody, evaded pursuit like an expert, and shown nothing but contempt for the law! Your honor! End this! Dismiss this witness and her testimony!"

"I knew I was a girl." Christina mumbled.

About to reply to the DCS lawyer, Judge Fallon heard her and stopped himself. "What was that, young lady?"

"Your honor!" Kyle interrupted. "The witness was not asked a question by counsel! Her statements are inadmissible!"

"Mr. Smith!" Judge Fallon barked. "You are dangerously close to contempt of court! Step back, counselor!" Turning to Christina again, he lowered his voice. "Now, what was it you said, Miss?"

Gathering her courage, Christina raised her chin, sat up straight, and spoke clearly. "I said that I always knew I was a girl, your honor. He said that I used to think I was a boy. That's not true! They called me a boy, but I always knew that I was a girl!" Turning to face Ruth, she smiled. "Just like Mother."

"Your honor?" Kyle tried once more to make his point. "All of this is entirely irrelevant, except to show that DCS has made its case. The combative and hostile behavior of the witness proves that the child needs to stay in DCS protective custody. No questions, your honor." Heading back to his seat, his smug smile made Ruth want to slap him.

"The witness is excused." Judge Fallon stated. "You can go back to your grandparents, Christina!"

Looking at him plaintively, Christina gulped. "Please! Just let me go home to Mother and Daddy!" At that she got up and returned to her grandparents.

"Your honor, move to strike." Kyle stated quickly. "Witness's statement was made after being dismissed and not in answer to a question asked by any counsel!"

"Objection, your honor!" Lisa stood up. "The testimony was asked for by counsel for the plaintiffs! Witness was simply restating their answer!"

"Overruled." the judge sighed. "All comments made by the witness after being dismissed will be stricken from the record. Call your next witness, counsel."

Spending the next hour calling Agent Stewart, Linda, George, and several other character witnesses, all testifying that David and Ruth were good and loving parents, and after calling both Ruth and David to the stand, Lisa sat back down. "No further witnesses, your honor." The most damaging cross-examination came when Agent Kent took the stand and Kyle made him admit that his walking cast was due to Christina stomping on his instep.

"Counsel for DCS? Do you have any witnesses to call?" Judge Fallon asked.

"Yes, your honor. We call Charlene Dawson, the child's DCS caseworker."

Taking the stand, Charlene was torn. It had been made clear to her that her supervisor wanted Christina to stay in the system, no matter what. He even alluded to the idea that she might 'be creative' when it came to making any notes about the Cocorans, and that her job was on the line. At the same time her conscience was screaming at her that keeping the girl away from her parents was wrong. Consequently, she was nervous as she sat down.

"Ms. Dawson, have you had occasion to record bouts of violence from the child in question?" Kyle inquired.

"Yes, I have." she stated meekly.

"Can you elaborate?" he pressed.

"Um... well, a few weeks ago, she assaulted another foster child staying in her foster home."

"What exactly did she do, Ms. Dawson?" Kyle insisted.

"Um... she... uh... she kicked him in the privates." she stated embarrassedly.

"I see." Kyle smirked. "Ms. Dawson? How does the child seem in her current home? Is she happy there? Well cared for? In fact, doesn't she have anything a young girl could want there? Clothes? Toys? Loving and protective family members?"

"Objection, your honor!" Lisa stood up. "Counsel is leading the witness!"

"Sustained." Judge Fallon growled. "Watch it, counselor! Restate."

"Yes, your honor. Ms. Dawson? Tell the court how the child is in her current home environment."

Thinking a moment, Charlene sat up. "Christina's healthy, well cared for, provided for, and does have a loving family taking care of her. However..."

"Thank you!" Kyle interrupted her as he headed back to his seat. "That will be all. No further questions."

Lisa jumped on the unfinished testimony. "Ms. Dawson, what were you about to say in your last testimony before counsel for DCS cut you off?"

"Objection! Counsel is fishing, your honor! Let her ask her own questions!"

"Sustained. Ask your questions, counsel."

"Ms. Dawson? How does Christina seem in her current home?"

"Objection! Asked and answered, your honor!" Kyle snapped.

"I'll allow it, counselor. The witness is directed to answer."

More nervous, Charlene coughed and fidgeted. "Um... like I said, she's well cared for, the home is clean and well-kept, she has all the things she needs, and her grandparents obviously love her very much."

"Your honor, the witness isn't answering the question. I asked how Christina seems in her current home, not about the home itself or the other people in the home." Lisa pointed out.

"The witness is directed to answer the question asked." he agreed.

"Um... well, she seems... unhappy." Charlene admitted.

"Is there any indication of why Christina, in a clean, safe, well-provided-for home with loving family in it, could be unhappy?" Lisa probed.

"Yes. She... um... she misses her parents. This is a normal reaction that will fade in time as the bonds are broken and new, healthy bonds are formed." she quoted the DCS manual.

"What bonds, Ms. Dawson?" Lisa attacked her point. "Christina's only spent a few hours with her parents since birth! How could she possibly be suffering from broken bonds with people she hardly knows?"

Unsure how to answer, Charlene looked at the DCS lawyer. "Um... well, she may be suffering from a form of attachment disorder. Since discovering that the people she thought were her parents actually weren't, she may be making inappropriate attachments to Mr. and Mrs. Cocoran."

"Inappropriate attachments to her parents, Ms. Dawson?" Lisa argued. "Are you referring to some sort of sexual attachment?"

"No!" Charlene insisted.

"Some sort of Reactive Attachment Disorder, then?"

"No, this is actually the opposite of that. RAD presents as a lack of need to be close to one's caregiver, which is the normal behavior. Christina seems abnormally attached to people she barely knows!"

"It's abnormal to seek affection from your birth parents." Lisa challenged. "Isn't it an established fact that many adults who find they were adopted seek out and form attachments with their birth parents, Ms. Dawson? Isn't that in fact what you yourself did on reaching the age of eighteen when you were informed that you were adopted?"

Sweating, Charlene nodded. "Y... yes. I did. But I was an adult! Christina can't make that determination at her age! We need to keep her in the system... I mean... we need to do what's in her best interest and keep her protected in DCS until she reaches the age of majority! Then if she wishes to seek out her birth parents she should be free to do so!"

"Your honor, the witness is obviously unreliable." Lisa turned to the judge. "For whatever reason, she seems to think that DCS has to keep all children placed in their care for any reason! No one has abused or neglected Christina, your honor. Yes, she was abducted, but by all accounts her abductors were kind, affectionate, caring, and even loving! No abuse of any kind has been in fact established! What are the grounds for terminating my clients' parental rights? I move for summary judgement, your honor."

"Objection, your honor!" Kyle spoke up. "The child in question was made to live as a boy for eleven years! If that isn't abuse, I don't know what is!"

"Your honor, counsel for DCS is attempting to cloud the issue! Christina is not a case study in transgender legal precedent! It hasn't been established that denial of transgender care to children, nor guardians choosing to support their transgender children can be classed as abuse! The question is at best controversial and subjective. Similarly, having a girl wear boy's clothes or giving a boy a feminine name haven't ever been considered abuse!"

Judge Fallon looked at Lisa a moment. "The 'boy named Sue' defense? Seriously, counsel?"

"Your honor, the counsel for DCS is alleging that Christina was abused by her original caregivers, and that this abuse is the cause of Christina's desire to be with her family." Lisa argued. "It's directly relevant!"

Considering the arguments a moment, Judge Fallon turned to Charlene. "Ms. Dawson, are you prepared to state as a matter of court record that Christina Cocoran is suffering some sort of attachment disorder?"

Looking at the judge, Charlene was near to hysterical. "Um... well, it... it's just a theory, really! I... I'm not a psychologist, your honor! C... Christina does exhibit signs of depression, likely the cause of her attacking the Beck boy. She... um... she needs DCS protection! She needs therapy and to remain in our custody! Otherwise I might lose... um... I mean, she might lose... um... she might lose..." Stymied for how to correct her faux pas, Charlene broke down and simply looked at the floor.

"No further questions, your honor." Lisa stated calmly. "Move to have the witness's testimony stricken."

"Objection!" Kyle stood up quickly. "The witness is the DCS representative in this case, your honor! If her testimony is stricken, we'll be forced to request a continuance pending assignment of a new caseworker!"

"Overruled, counselor. The witness's statements are to be stricken from the record, and counsel for DCS's motion for continuance is similarly denied. The witness may step down. Call your next witness, counselor."

Sitting down heavily, Kyle shook his head. "No further witnesses, your honor."

"Very well. Does counsel for the child wish to call any witnesses?"

"Yes, your honor. We would like to recall Christina Cocoran to the stand." Janice stated calmly. When the girl was once more in the witness box, she approached and smiled at the girl. "Cristina? Do you like living with your grandparents?"

"They're OK, I guess." she sighed. "I mean, they're nice. I have my own room and toys. I love them because they're my grandparents, but... um..."

"Go on, Christina." she encouraged her.

"Um... they're not Mother and Daddy." she stated simply.

"What do you think of the people that raised you?" she questioned.

"They were nice to me. They loved me." she stated, looking at her parents.

"But they made you dress like a boy. They called you Walt, your brother's name. Why do you say they loved you?"

Shrugging, Christina looked at her. "They took good care of me. We played games, we laughed, we had birthday parties, we watched movies together... it didn't matter that they treated me like a boy! I... I loved them and they loved me!" Hearing her mother begin to cry, Christina felt a tear slip down her own cheek.

"So, where do you want to go?" she asked.

"Home." Christina cried. "I wanna go home to my Mommy and Daddy!"