Chapter 9: The Hearing
The emergency custody hearing was held on a Tuesday morning in a small courtroom on the third floor of the family court building.
My wife arrived with her attorney — a man named Garrett, silver-haired and practiced — and sat at the opposite table without looking at me.
She was dressed carefully.
Composed.
She had the appearance of someone who had slept well, which I doubted, but the appearance was what mattered to her.
Kendra sat beside Patricia and me.
She was wearing a blue cardigan that Zoria had lent her.
She had asked to be present, and Patricia had agreed, with conditions — she would not be called to testify today unless the judge requested it.
The judge was a woman in her sixties named Honorable Frances Okafor.
She had a reputation, Patricia had told me, for moving quickly and tolerating very little.
She proved it within the first four minutes.
"Counsel," she said to Garrett, "your client's petition alleges that the child was removed from a safe environment without consent.
Can you tell me where the child was when she was allegedly removed?"
Garrett stood.
"The child was at the home of her maternal aunt, Your Honor, where she had been taken for her safety following a disruptive family incident."
"Taken by whom?"
"By the respondent, Mr.
Davis, and his daughter from a prior relationship."
"And the child's current location?"
"She is residing temporarily with the respondent."
Judge Okafor looked at Kendra.
Not with warmth, exactly, but with attention.
"How old are you?"
Kendra sat up straight.
"Sixteen, Your Honor."
"Did you go with Mr.
Davis voluntarily?"
"Yes, Your Honor."
"Did anyone force you to leave your aunt's home?"
"No, Your Honor.
I texted Mr.
Davis and asked him to come."
Judge Okafor looked at Garrett.
"Counsel, your client's petition characterizes this as a removal.
The child characterizes it as a request.
That's a significant difference." She set the petition down.
"Let's talk about the supporting declarations."
Garrett shifted slightly.
"Your Honor, the declaration from Carol Simms, the school counselor—"
"Has been amended," Patricia said, standing.
"We received the amended declaration this morning.
I have copies for the court."
She handed them forward.
The clerk passed one to Garrett.
He read it.
A muscle in his jaw moved.
"The amended declaration," Patricia continued, "directly contradicts the version submitted in support of this petition.
Ms.
Simms states that she was provided with a misleading characterization of her sessions with Zoria Davis and that the original declaration did not accurately reflect what those sessions contained."
Judge Okafor read the amended declaration.
She set it on top of the petition.
"Ms.
Garrett—" She stopped.
"I'm sorry.
Counsel for the petitioner." She looked at my wife's attorney.
"Is your client aware of this amendment?"
Garrett turned briefly toward my wife.
Something passed between them.
"We were not aware prior to this morning, Your Honor."
"I see." The judge made a note.
"I'm also looking at a declaration from the petitioner's sister, Diane Marsh.
Ms.
Marsh states that she witnessed Mr.
Davis behave in a threatening manner toward the child during the incident at the family home." She looked up.
"Mr.
Davis, were you present at Ms.
Marsh's home at any point during the incident described?"
Patricia stood.
"Your Honor, Mr.
Davis was not inside Ms.
Marsh's home at any point.
He remained in a vehicle on a public street.
The child walked out of the home voluntarily and entered the vehicle of her own accord.
We have timestamped text messages between the child and Mr.
Davis's daughter documenting the entire exchange."
She placed the printed messages on the table.
The clerk collected them.
Judge Okafor read through them.
She took her time.
My wife had not moved.
She was sitting very straight, her hands folded on the table, looking at a point just above the judge's head.
"Petitioner," Judge Okafor said.
My wife looked at her.
"I'm going to ask you a direct question and I'd like a direct answer." The judge's voice was not unkind.
It was simply precise.
"On the day of the incident described in this petition — the graduation party — were you present when the university admissions officer produced a withdrawal form bearing your stepdaughter's signature?"
Garrett put his hand on my wife's arm.
"Your Honor, I'd advise my client—"
"Counsel, I'm not asking her to incriminate herself.
I'm asking whether she was present." The judge looked at my wife again.
"Were you present?"
A pause.
"Yes," my wife said.
"And is it your position that your stepdaughter signed that form voluntarily?"
Another pause.
Longer.
"Your Honor," Garrett said, "this matter is the subject of a separate investigation and I must advise my client not to—"
"Noted." Judge Okafor closed the petition folder.
"I'm denying the emergency custody petition.
The child is sixteen, expressed a clear and voluntary preference, and the supporting declarations in this petition have been materially undermined." She looked at my wife directly.
"I would strongly encourage petitioner's counsel to advise their client that any further attempts to influence the minor child's testimony or access to her electronic devices will be treated as interference with an ongoing investigation." She paused.
"Are we clear?"
Garrett said, "Yes, Your Honor."
My wife said nothing.
Judge Okafor stood.
The room stood with her.
It was over in forty minutes.
In the hallway outside, Kendra stood close to Zoria and didn't speak for a long moment.
My wife and Garrett disappeared through a door at the far end of the corridor without looking back.
"Is it done?" Kendra asked.
"That part is," Patricia said.
Kendra looked at her.
"What's the next part?"
Patricia glanced at me.
Then back at Kendra.
"The district attorney's office," she said.
"They'll want to speak with you.
Both of you." She looked at Zoria.
"Are you ready for that?"
Zoria looked at her stepsister.
Kendra looked back.
May you like
"Yes," they said.
Almost at the same time.
