Easy As Falling Off A Bike pt 534.

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Wuthering Dormice (aka Bike). 534.
by Angharad

The usher who had called us, went ahead of us and through a door at the back of the court. A few minutes later, he came out again and then announced, “All rise for Mr Justice Kenyon.”

We’d only just seated ourselves and then had to get up again. The judge entered and sat at the bench. “Please close the doors, and admit no member of the press, this court is now sitting, and I am passing a restriction on court reporting, for the protection of the child involved. Therefore, I am prohibiting the naming or revelation of any detail which might identify the child or participants in this matter.

“I see you have another child, Miss Watts, are you collecting them?”

“No, m’lud.”

“So is this one just visiting with you?”

“M’lud, if I might explain,” said a man’s voice from behind us.

“And you are?”

“Dr Samuel Rose, Senior Consultant in Paediatrics at Portsmouth Hospitals Trust.”

“Please do explain, Dr Rose.”

“I was so impressed with Miss Watts’ ability to get Jemima walking again, that I asked her to try with another child who’d suffered similar injuries. The child was non-ambulatory before staying with Miss Watts.”

“And now?” asked the judge.

Dr Rose walked up to me, “May I borrow Trish for a minute?”

“Go with Dr Rose, Trish, you’re perfectly safe. I’ll be right here.”

Sam Rose held Trish’s hand and walked her before the bench. He then said something quietly to the judge who nodded.

“Thank you, Dr Rose, and Trish,” said the judge sounding like a sombre MC at a talent show. There was a short pause while he consulted some notes.

“This has been an interesting case with several interesting legal points to consider, not least the gender reassignment of the potential foster parent, who seems to be one of the most convincing females I’ve ever seen, and who appears to have a gift for healing damaged children…

“…then there is the fact that the child was not in care but in the custody of the foster parent as requested by the biological parent, a fact which has been confirmed by a lawyer in South Africa, and a letter from the child’s biological mother…

“So before concluding this review, I should like the senior social worker to approach the bench, and Miss Watts to come forward as well.

On wobbly legs I walked out to the judge’s bench–I had never felt so alone in all my life; my heart thumped loudly enough in my chest to mask the sound of my footsteps on the tiled floor.

The judge focused on my opponent–well, I know she wasn’t really–she was just doing her job as she saw it, and I was doing mine as Mima’s foster mum. “You are?” he asked the social worker, who said her name to him. “Thank you. Mrs Paretski, what would you consider is the most important aspect of this review?”

She was surprised by this sudden interrogation, and while she paused for thought, I tried to get my head around the same question if it were asked of me.

“Protecting the child and meeting the legal requirements laid down by statute, M’lud.”

“And you, Miss Watts, what do you think most important?”

“Mima’s well-being and happiness, M’lud.”

“Thank you, Miss Watts, now if it were considered in Mima’s best interests would you surrender her to the court?”

“If I believed it was in her best interests, yes I would.” My heart sank and I thought I caught the trace of a smile on the social worker’s face. It vanished when the judge addressed her again.

“Mrs Paretski, do the legal requirements take priority over the child’s well-being and happiness?”

“Yes, M’lud, they do.”

“Please have Jemima Scott approach the bench.” I felt myself go pale. Was he going to ask the social worker to take her now? Oh God, I felt sick and was sweating.

The usher brought her before the judge and stood holding her hand, Mima held her hand out to me. I looked at the judge and at her hand, he nodded at me and I took her hand. It felt so small.

“Now, Jemima, which of these two nice ladies would you like to stay with?”

“My mummy,” she shouted and pulling free of the usher, grabbed hold of my legs and held on like a clamp. I ruffled her hair, and she looked up at me and said in a loud voice, “Why you got hole in you twousis?”

I cringed and blushed. She put her finger in and poked my leg, it tickled. “Please do answer her, Miss Watts,” said the judge.

“When I knelt down quickly to help Grampa Tom, when he was taken ill, I ripped my trouser leg on the floor.”

“Where Grampa Tom now, Mummy?”

“He’s in hospital, Sweetheart, Simon has gone with him so I could stay here to speak with the judge.”

“Daddy make him betta?”

“I hope the doctors will, Sweetheart.”

“Thank you, Miss Watts, now Mrs Paretski, what would you feel if it was ruled in favour of Miss Watts?”

“Personally, I would suggest that without the appropriate checks, we are uncertain that she, and I assume it’s now she, a suitable person to look after a child.”

“Let us assume that she is the correct pronoun and that legal checks have been carried out, how would you feel then?”

“Unhappy that the normal protocols weren’t followed.”

“Are there protocols for acting in loco parentis? I’m not sure there are.”

“I don’t know, M’lud.”

“But you feel that legal requirements are a priority over happiness and well-being.”

“Yes, M’lud.”

“I am reminded of a case in which the biblical King Solomon was required to act in the custody of a child, as two women were claiming to be his mother. Both seemed to have equal claim, so he had to try and use some of his legendary wisdom to determine the real mother. He asked the first, that as they were equal claimants, if he cut the child in two, and gave half to each would she be happy. She answered, yes that was fair. The second woman when asked said, no, that she would relinquish her claim to the child. Solomon ordered the child to be given to the second woman and for the first to be whipped and cast into prison. He reasoned that the child’s true mother would prefer the child to be given to the other woman than see him hurt, which was the case with the second woman.

“In some ways, I feel like Solomon–albeit without his legendary wisdom. Miss Watts, has said that she would give up the child if she believed it was in the child’s best interests. Social Services have said, they feel the law has priority over the well-being of the child.

“In my opinion, the protection of the child’s health and well-being and happiness are the whole point of the law, not to mention the love and nurturing required for a child to reach its full potential.

“There is a clear bond of attachment and affection between the child and Miss Watts. So I find evidence of all the legal requirements with the current situation of the child. I therefore grant legal custody and guardianship of the said Jemima Scott, to Miss Catherine Watts, until or unless the natural parents challenge this in a court of law.”

The judge stood up and the usher instructed us to stand. I was already standing in front of the court holding Mima and crying with relief.

Social Services scowled at us and filed out. Stella, Henry and Monica who was holding Trish’s hand came to congratulate us.

“Why’s you cwyin’, Mummy?” asked Mima.

“Because I am very happy, darling. The nice judge has said you can stay with us.”

“Hoo-way,” she shouted.

Trish pulled out of Monica’s hand and rushed off after the judge, charging through the door into his chambers. Monica dashed after her, but hesitated at the door. I walked to the door and knocked, “Wait,” came the response. I wanted Trish back and I had to get to the hospital.

“I’ll call Simon,” said Henry, realising my dilemma. He popped out of the court. The rest of us, except Stella who went to sit down, waited outside the door to the judge’s chambers. I was beginning to get very worried, I mean, what was Trish doing in there?

Some ten minutes later, Trish came out holding the judge’s hand. “Miss Watts, could you please come in?”

I handed Mima to Monica, who produced a lollipop, and went with the judge and Trish. “Dr Rose told us why Trish is with you. However, this young lady wants to stay with you forever, she tells me she was in a home where she was bullied and pushed down the stairs, which injured her head. After the hospital, she was sent back to the home but she hated it. She says you are the nicest person she’s ever met, and she wants you to be her mummy.”

I shrugged, “I suppose I’ll have to use whatever protocols there are this time, but I’d like to have her stay as long as she wants.”

“She said that they call her a sissy and say she’s a boy, but she insists that she’s a girl. Given your experience, it’s not surprising that you agreed she should be treated and addressed as a girl.”

“No, Sir–I mean, M’lud.”

“There are protocols to be followed, but I shall instruct the home to allow her to stay with you until those have all been followed, and that she stay with you unless you are found to be unsuitable as a foster parent.”

“Does that mean I can stay with Mummy, Mister Judge?”

“Yes, Trish, essentially it does.”

“Thank you so much, you do have the wisdom of Solomon, m’lud.”

“I only wish I did, Miss Watts. Goodbye,” we shook hands and so did the judge and Trish. “Watch this one, Catherine Watts, she’ll end up as a judge if you’re not careful.”

I thanked him again and holding her hand, left his chambers. Henry had just got back. “Tom is awake and comfortable. Simon is waiting for one of us to collect him. I suggest we all go back to Tom’s house and you change your trousers, and I’ll run you into the hospital and collect Simon. If you take your phone, I or Monica will come and collect you when you call.”

“Okay, let’s do it.” I said.

“What happened in the judge’s chambers?”

“Oh, he said Trish could stay with us until fostering procedures were carried out.”

“Oh wow,” said Stella, “that’ll cheer Tom up no end.”

“I hope so, he’s going to need all the help he can get.”

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