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It took weeks before Louise received a letter telling her that the custody hearing was to take place in ten days’ time. Louise was happy and confident. The counselling had boosted her self-esteem, while at the same time there seemed to be a lull in the attacks on her. Kezia was happy and studying hard for the examinations that would allow her to study at university. Kezia could attend the Court hearing but at age sixteen she did not have to unless her mother needed her testimony. Louise’s lawyer thought the meeting would be done and dusted in a morning. That was a mistake, as it turned out.
“You also need to attend a Parenting through Separation course,” said Brett. “It’s all common sense stuff, but it is compulsory if you and Frank can’t sort out an arrangement. Don’t worry, the Court does everything for you. You just need to go.”
Louise enjoyed the course. It was supportive and friendly, and she was allowed to take Kezia along for one part of it.
“Your ex partner has refused to attend,” said Jenny Roburg, who was running the course. “I think you will have to go on to the next stage, which is Mediation. You need to do this because the Court is strict about the welfare of children.”
Louise dutifully filled in all the forms. To her surprise, Frank attended the Mediation meetings. Although quite formal, the sessions were run in a friendly and understanding way. However, Frank would not agree to change the current arrangements and Alexander stayed with him. He simply went back to what he had done in the first place and blocked Louise’s every attempt to be with Alexander.
A lack of agreement sent them on to the final stage, an actual Court decision that would be binding on both. This would be in two parts. .
Brett Shaw told Louise to return to Court and ask for a judgement from a Custody hearing. He could not be at the first meeting, as lawyers were not allowed to attend. If no agreement was reached, lawyers could get involved, and this usually meant private enquiry firms also. This could be expensive.
Louise could see no point in spying on Frank. He loved Alexander and cared for him. Their marriage was over and their assets and Alexander had to be shared. What a horrible way to put it.
The first Custody Hearing went well but had no outcome. Frank would only agree to the current arrangement, which he was subverting. Frank said that he would be happy to allow Alexander to be with Louise on alternate weekends, and special days like school concerts, birthdays and Christmas. However, he deeply resented Louise taking Alexander to the Roman Catholic Church and trying to make him a Catholic.
Louise was not sure why Frank had that idea, but she agreed to the arrangement. It had not worked. During the week, Frank hardly saw Alexander. Frank needed to be with Alexander at weekends. He did not want Louise to have Alexander during the week.
“No problem,” said Brett Shaw. “I can attend the second meeting and support your application. I don’t see any problem. You are able to support Alexander, you have a good character and you are his mother. Just expect some dirt to be thrown at you by Frank’s private investigators.”
The next stage was the actual Custody Hearing. It was a disaster. Alexander was taken away from her. For Louise, that was quite unexpected. She had the expectation that children normally stayed with their mothers. She also had the expectation that the procedures would be fair, would even perhaps favour the mother, who would have to be a very bad person to lose her children. She was not expecting the onslaught prepared by Frank’s team of experts. The thought of a private investigator did not faze Louise She had nothing to hide.
At the second Custody Hearing it all went wrong for Louise. The proceedings occurred in a small room, quite unlike a Court Room. The judge made it clear that this was not a Court of Criminal Law, but a Family Court that had the duty of placing children into the best possible situation following an irreconcilable breakdown in a family relationship.
Her Honour Judge Daniels made it clear that lawyers could speak when necessary, and could advise, but the hearing was essentially for the mother and father of the child.
Louise spoke first. She said that Frank abused her verbally and threw violent rages. He had not hurt her but had knocked Kezia down. Louise did not mention that now that she had her share of the money, she could live independently. She simply said that she found she was happier and better off on her own. Neither Brett Shaw nor Louise realised that the Court assumed her to be saying that she would use the State Welfare system and support from Frank to survive.
Frank said that Louise was so anxious and depressed that he could not live with her. Her constant hen pecking and over-control of Frank and the two children had a particularly detrimental effect on Alexander, who at seven was an impressionable little boy. The manner in which he was treated at his age would have a major effect on the way he would be as an adult. He had met another lady, who was excellent with Alexander. He could see no way to reconcile their marriage.
Frank’s lawyer, Sadie Nielson from Wellington, was a small sharp woman who was aggressive and demanding. When Louise sat down, Ms Nielson spoke.
“Mrs Copperfield, have you ever been unfaithful?” Ms Nielson asked.
“You don’t have to answer that,” said the judge.
“I don’t mind. No I haven’t,” Louise replied.
“I have an affidavit from a Martin Rothman of Rothman Investigation to say that at a party on January the fifth this year, a man who was not your husband had sex with you,” said Ms Nielson, who was called Shady Nielson behind her back. “Furthermore, you made an exhibition of yourself with dancing and singing and were obviously under the influence of drugs or alcohol or both. Do you deny that?”
“Yes,” said Louise. “I had no idea who it was because I was drugged.”
“You were drugged?” asked Ms Nielson. “And you don’t deny you had sex with an unknown man? And you are so casual about telling us?
Brett Shaw got to his feet.
“If I may, Ma’am,” he said to Judge Daniels. “Mrs Copperfield has registered a complaint with the police that at Mr Larcombe’s party she was secretly drugged then raped while stupefied.”
“Where is your evidence?” spat Ms Nielson.
“It is on record,” said Brett Shaw.
“The rules of the Family Court require all evidence to be presented on the day.” Sadie Nielson was crowing now. “Mrs Copperfield, have you ever needed counselling?”
Brett Shaw asked the Judge whether she would allow this line of questioning.
“Mr Copperfield has already indicated that a major reason for his leaving was the effect of Mrs Copperfield’s manner with the children and with her husband. I consider questions regarding counselling to be relevant,” Judge Daniels stated.
“Is it true that you sought help from Anxiety Counselling, a clinic dealing among other matters with suicide prevention.”
“Yes,” said Louise. “After Frank left and took Alexander away and refused to let me see him.”
“Please do not beg the question,” said Ms Nielson. “Did the counselling concern suicide prevention?”
“You don’t have to answer that,” said the magistrate, so Louise remained silent.
“I’ll take that as a yes,” said Ms Nielson.
‘”Your Honour!”” said Brett Shaw. “I really do not think Mrs Copperfield has ever contemplated suicide. This is a smear campaign.”
“Ms Nielson has not suggested Mrs Copperfield contemplated suicide, merely that the level of counselling included that possibility.,” said Judge Daniels.
It was all moving too fast for Louise. She had not expected this.
“Mrs Copperfield, is it true that you became so disturbed that your employer, the Wahanui Hospital Board, removed you from a position of trust, following which you resigned?”
“Yes,” said Louise, close to tears.
“Speak clearly for the Court, please,” said Mrs Nielson.
Ms Nielson paused dramatically, waiting for Louise to mutter “Yes” in a loud voice before sitting down.
Frank asked to speak.
“Louise was always high maintenance,” he said. “As my building business became successful I could spend less and less time with her. She became suicidal but would not seek help. Sadly, it was not enough and she became bitter and withdrawn. The marriage became very unpleasant, not helped by the stirring of Louise’s daughter, Kezia, who is seventeen and now living unmarried with an Arab boy.
“I have been told by a person I trust that my then wife Louise slept with a Mr Nigel Jones, a colleague of mine. That news soured me and I found solace with another woman.”
“Mr Copperfield, you are under oath,” said Judge Daniels. “You cannot bring hearsay into this Court. Is the informant in the Court today?”
“Yes, Charlotte Hoar, my new partner. She was with Mr Jones when he slept with Louise.”
“Miss Hoar, step up please, and take the oath,” said Judge Daniels.”
Charlotte had not expected to be able to wound Louise but seized the opportunity when the opportunity fell into her lap. She was delighted. This was better than Pindone, better than Facebook. ‘Ultor. Vengeance,’ she thought.
Outwardly, Charlotte put on a modest demeanour and quietly answered all of the preliminary questions asked by the Judge. As she answered the obvious questions about Nigel and herself, and Louise and Nigel, she cried a little and said how ashamed she was to be saying things about a person she had always called a friend, and who she still saw even though Nigel’s act of unfaithfulness had caused Charlotte’s partnership of some years to dissolve.
In her summation, Her Honour Judge Daniels said that she found aspects of Louise Copperfield’s character to be dubious and ruled that full custody would be given to Frank Copperfield and his partner, Charlotte Hoar. Alexander could be with Louise for two weeks a year and for one weekend a month.
Charlotte had won her final victory over Louise. She had destroyed her character, and taken away both her child and husband. Louise left Court in the depths of despair.