Time Once More for Marilyn

Marilyn calmed me down. "Dal! If he is going to go further, he will not do anything whilst Jane is in the house. Call your solicitor first thing in the morning. He can apply for an emergency injunction banning him from the house until we can get a hearing in the Family Court." Despite my anger there was one crumb of comfort in this. Sarah had talked with Marilyn, confirming her trust for her step-mother, and Marilyn had used the word 'we'. This was not just my battle; Marilyn had stepped up to the line alongside of me.

I phoned the solicitor that Monday morning. He had done well for me at the time of the divorce and I trusted him to get things moving. He did. He got a Family Court injunction that day, and it was enforced on Sarah's step-father that evening by the police. As you can imagine all hell let loose. Sarah was interviewed by a police woman, trained to spot the clues. Sarah was a little reticent as anyone would expect; children are fearful of accusing adults; but it would appear said enough for the police woman to decide there were sufficient grounds for an investigation. Jane's new husband had to leave the house immediately.

Jane phoned me, calling me all the names under the Sun. Later her mother called me, a call I wish I had recorded as she slandered me in almost every sentence. The gist of her message was that I had been a useless husband in every respect who didn't know how to take care of a wife and I was jealous of Roger who made Jane very happy. She got so carried away that she inadvertently let slip that Roger had been taking care of Jane even before we split, something I had worked out after Sarah's comments. According to her I was so envious of them I was trying to break up a happy home so that I could get custody of Sarah. That it wouldn't work and that she was going to instruct her solicitor to sue me for defamation of character. I tried to point out that only Sarah's step-father could do that, and that the police believed there was sufficient evidence to investigate. I was talking to a brick wall. My ex-mother in law had tunnel vision and an ability to ignore facts that didn't fit her theory.

The Family Court is very different to those you see on TV. The Judge and Counsel do not wear robes or wigs and the atmosphere is without the ceremony and traditional manner of speech. Even so the experience was uncomfortable for me as Jane, her husband and her mother cast looks of venom towards me as the evidence was heard. Marilyn smiled sweetly at them exacerbating their hate. As is usual with minors, Sarah gave testimony in private to the Judge. Eventually it was decided that whilst there was no evidence of actual assault, the Court believed that his actions did constitute a threat. That put Sarah on the 'at risk' register. The representative from Social Services immediately spoke of her intention to apply for a Care Order if Jane continued to live with her husband with Sarah resident as well.

My solicitor took that opportunity to apply to the Court on my behalf for Sarah's custody. Social Services talked to Marilyn and I about our circumstances, and they told the Court that we were suitable. Again the Judge spoke to my daughter in private. He granted an interim order for residency to be reviewed in six months. Sarah left the Court with us. A policeman accompanied us to Jane's house so that we could collect my daughter's things without harassment. At one point he had to warn my ex mother in law to keep a civil tongue in her head. Sarah sat in the back of the car chattering happily with Marilyn all the way back to Torquay.

I could not have been happier in my life. I had a loving wife; a very loving wife judging by the number of times she would entice me to bed with no intention of allowing me to sleep. My daughter was now in my custody and equally as happy as I. When she wasn't in school she was down helping Bill Thaxton with the horses. She came home with a very contented smile and stinking of horse sweat and liniment. Bill had told Marilyn that her riding ability was coming along well, and suggested that she could enter for a local Gymkhana soon, but would need her own horse. I could see another demand on my wallet approaching. Jane and her husband were still together, and from what I could tell were getting along. He was still arguing the accusations, but had told Jane that if that lying, deceitful child ever came back into the house, he would leave. She didn't contest the Court Order when it came up for review. That suited me.

A seemingly innocuous request from one of our customers turned me onto a different path in life. They asked if I would appear as an expert witness in a small claims Court action. They had supplied curtains to a customer who was refusing to pay the bill on the grounds that they were unfit for purpose. Gerry agreed that it was in order, especially as we hadn't supplied the fabric.

The customer had their own expert witness, a guy who taught soft furnishing at the local college. This wasn't the stuff of television dramas. We sat around a table with a Stipendiary Magistrate as judge. He asked the other expert questions and the replies convinced me that this guy knew nothing about fabric technology. When the Magistrate turned to me and asked very similar questions I demolished the other's argument with facts. Our customer won. The Magistrate then asked the other expert witness if he had incurred any expenses and the silly bugger handed over a list. He had lost the case for his client and still wanted paying for his completely ineffective time. The Magistrate raised his eyebrows, and then turned to me asking if I had incurred expenses. I shook my head and told him no. That day had far reaching consequences.

Four months later a letter arrived. I was curious as I saw the return address, it was from a Solicitor. Now I had learned that correspondence from solicitors was not usually good news. As I read it I became rather confused. They were asking me if I would appear at a Crown Court as an expert witness. It indicated a conference with the defending Barrister later that month. I talked to Gerry who said that if I wanted to appear the company would agree but there would be a fee. I went to the conference appearing confident but nonetheless with apprehension. I was surprised therefore when the Barrister turned out to be James Wolstenhome, the magistrate from the small claims Court.

He greeted me warmly. Understanding my confusion he explained. "Most Magistrates are picked from the community. Barristers however get asked to act and are paid as a Stipendiary. The Lord Chancellor looks upon it as training for possible elevation to the High Court Bench." I nodded as if I really understood this and he took that as permission to go on. "Although I act as a Stipendiary it is only for two to three weeks at a time. I come back to Chambers and pick up on any Briefs my colleagues haven't snaffled. Mr. Gorton, I asked the solicitor to contact you. At that Small Claims hearing you came across to me as someone who does know the subject well and what is more can talk about it in language that everyone could understand. I was astounded when that other so-called expert lost the case for his client and then had the gall to ask for his expenses. You impressed me. My junior has done a lot of research and it would seem that there are few fabric technology experts left in this country. We don't understand why." I thought I knew why but it was a long subject so I didn't respond to his query.

We talked for quite some time and he gave me the relevant information of the case. I ventured an opinion, but told him I would need to see the fabric and examine it. I also told him what my company would want as a fee for my services. He didn't seem surprised at the amount. He made the arrangements for me to examine the fabric.

The fabric was as perfect as it could be; bearing in mind the comments of the many skilled weavers I had listened to over the years, that there hadn't been a perfect yard of fabric woven ever. That was something I wouldn't mention in Court. I spent five hours going over every inch of it, and I couldn't find anything wrong. My evidence in the Civil Court was exactly that. The counsel for the plaintiff tried to trip me up. I countered by using technical terms in my replies to him that I doubted he understood. As in all trades there are plenty of technical terms and quite a few slang expressions which are used by weavers alone. As a witness I wasn't allowed to stay in Court after giving my expert opinion, just in case I was recalled.

I was very pleased when James Wolstenhome came out of Court with a big grin on his face. He removed his wig and shook my hand.

"Your expert opinion did It, Mr. Gorton. The Judge was most impressed." He was about to walk away then stopped and turned back to me. "I am sorry that is your employer who will get your fees. You could make a good living with your knowledge. Especially as you are able to retain your wits when cross-examined by Counsel. Civil actions like these are going on all the time. If you do not mind I will suggest your name to any other Barrister needing your expertise."

Gerry was very happy with the outcome. The company received over four thousand pounds for four days of my time. Well in excess of my salary for those days. He took me out to lunch.

"Dal, is there any chance of your being an expert witness again?"

"They seem to think so. James Wolstenhome asked if he could recommend me to other Barristers."

He thought about that. "With my company hat on I should say good, the fees will be a useful income, but as your friend, and I hope we can call ourselves friends, you could make a good living as an independent. Have you thought about that?"

"Not really. Wolstenhome suggested it, but it would be something that I need to research first and also talk to Marilyn."

"Dal. The technical side is running well. The lab boys know what they are doing. With the Board backing Clarke, he will continue to go and see the manufacturers, and no doubt we will continue to get rubbish yardage in our deliveries. You will never get any further, I'm afraid. Clarke will block you at every turn. So think about it. If you decide yes, let me know before you put anything in writing. I will see if I can engineer a redundancy for you. That would be one move upon which Clarke will be quite happy to back me I am sure."

"What about complaints?" I reminded him of my primary responsibility.

"No problem. We will have to find an independent expert. You may be able to suggest someone?" He grinned and I smiled too. Gerry had obviously thought this out; perhaps that's why he was M.D. I also suspected that he was playing a long game with the goal of getting Clarke out.

CHAPTER EIGHT

Marilyn was all in favour of my becoming self-employed as an independent expert. I was dubious, concerned that the call for my expertise would not be sufficient to bring me a good income. I will give Marilyn her due; she never actually came out and said that she could support us both. She knew full well that I would not accept being a kept man. What she did say was quite diplomatic.

"Dal, since you have been living here, you have contributed to the running costs and saved me a lot of money. Money I would have to spend, so you could say we are in credit. I am quite sure that you will still be bringing in enough for your share; you are good at what you do. If there were a shortfall it would only be of short duration and easily recovered when the business takes off. This house is ours, not mine. The blocks of apartments are ours not mine, therefore the income from them is ours not mine. I am old-fashioned in that way, my husband is my life. You have brought Love, laughter and happiness into our home, especially the love. None of that existed before you came back into my life. I want you to keep doing that." She had a mischievous grin on her face as she went on. "I want you to keep doing me, I enjoy that. Do you think we have time to...?" We did and we did. Of course what man is going to argue with a lovely lady who had a firm hold on his most precious appendage?

I phoned Gerry and told him my decision. "Ok, Dal. Come in as normal on Monday, but say nothing to anyone. I'll bring up the subject of making you redundant at the Board Meeting and we will see what happens." He had a quiet word with Martin Clarke who was all in favour of making me redundant and it was Martin, not Gerry who made the suggestion at the Board Meeting. I got the notice a week later. They offered me six month's salary and my company car, which was three years old, to go. That relieved my worries considerably. I cleared my desk and said goodbye to my colleagues. Gerry told me in a private moment that it wouldn't be goodbye as they would be retaining me to report on any complaints, offering two hundred pounds for a report plus any mileage over sixty miles.

In the next twelve months I examined ten serious complaints from my old employers, twenty six complaints referred to me by my erstwhile competitors and three cases referred by Barristers. My income was not far short of the salary I had enjoyed before. In the next year I exceeded that income. I was sure that Marilyn and I had made the right decision.

We were enjoying the rare warm sunny day. Spring can be capricious in the British Isles; always promising to be fair but so often the westerly winds would bring in cloud and light rain. This day was a gift from the Gulf Stream. There was just a hint of breeze and the sun shone brightly. Sarah was at school and I had just one report to write, so from mid-morning Marilyn and I were able to sit out on the patio relaxing. It was close to half past twelve and we were beginning to think about Lunch when the faint chimes of the door bell rang. I made as if to get up but Marilyn beat me to it.

"I'll go." Five minutes later she returned. "Dal! We have a visitor." I turned in my chair and was amazed to see my ex-wife.

Jane was and still is a good looking woman, even dressed in Jeans and a sweat shirt she would turn heads. I did think though that she looked a little older than her years. "Jane!"

She looked flustered. "I'm sorry to just call. Roger and I were in the area. He's gone to ride on the Paignton steam Railway. So I thought as it was half-term I would try to see Sarah."

"Jane. Half-term down here is next week. Sarah won't be back until four."

She heard this and her shoulders slumped. "Oh damn! I really had to summon up a lot of courage to come here, and now it is all come to nothing."

"Why don't you sit down and relax." Marilyn took over. "I was just going to get some lunch, you are welcome to join us, and you can see Sarah when she gets back."

"Would you mind? After all we aren't the best of friends really, are we?"

I got up, walked over to Jane and kissed her cheek. "We will be happy for you to join us. What happened is too many years ago to fret over."

Jane looked to Marilyn who smiled and nodded. "It's only cold chicken with Green Salad and Potato salad. Please stay."

"That's very kind of you."

Marilyn took charge of Jane showing her where the bathroom was. Then got on with preparing lunch. Jane found her way back out to sit down with me.

"This is a lovely place." She remarked viewing the panorama of fields, valleys and small hills that could be seen from the patio.

"Yes. Marilyn's father bought it years ago. He knew what he was doing."

"Do you still work for..?" She couldn't remember the name of the company I had worked for.

"No. I work for myself now as a sort of technical advisor in court cases and complaints."

"Oh!"

I turned to look at her. "You should have phoned, Jane. It would have saved you a journey today, and we could have arranged another day for you to see Sarah."

"I know. We are only down here for a couple of days, and with Roger wanting to go off and see that railway, this really was the only chance I had. He refuses to have any contact with Sarah." She made it sound as if that was his choice rather than a Court Order. I bristled for a moment but calmed quickly, it wasn't worth arguing about. She went on. "He's a good man really and a good provider." She was defending him.

"I'm sure he makes you happy."

"He does. It's just that he doesn't get on with Sarah. I know she gets on with Marilyn. I have never seen Sarah so happy when she came to get her things to come here."

"I suspect Jane, that had more to do with the horses, than Marilyn."

"Horses?"

"Yes. Sarah spends all of her free time at the stables down the lane."

Jane shook her head. "God! What kind of mother am I? I knew nothing about that."

Marilyn returned carrying a tray. "I thought we could eat out here. It's so nice; we should enjoy the weather while it lasts."

Jane got up saying. "Can I help?"

Marilyn nodded. "Yes. There are a couple more trays to bring out if you don't mind." I moved the table to the shade and arranged the chairs similarly. I couldn't help but think why Jane had come here. Yes, she could have wanted to see Sarah, but my antennae told me there was another reason as well. Was it simply feminine curiosity? That she wanted to see how I lived? If so she was probably disappointed, the cottage and gardens were sufficient to tell her that I was living a good life, and Jane would probably prefer that I lived in reduced circumstances. They returned and laid out lunch on the table. There was little said apart from general polite conversation over lunch.

Over coffee Jane felt compelled to speak. "Dal, I do want to see Sarah, but I also wanted to speak to you." She looked at Marilyn her attitude asking if we could talk in private, Marilyn made as if to get up.

I stopped her. "Jane if there is anything you want to say, say it now. Marilyn and I are a couple, I have never kept anything secret from her, and I will not start now." That got me a beaming smile from my wife and a grimace from my ex-wife.

"Ok. All I wanted to do was apologise for my and my family's treatment of you. You did nothing wrong, except get me pregnant, and it took two of us to do that. You stuck by me and all you got in return was disrespect, from me and my mother. I'm sorry. I am glad that you have found someone who loves you far more than I ever could, and that you are comfortable in your life." Now that was not what I was expecting. I was speechless for a while, taking that in, yet I still had the feeling that there was more to come. Jane had waited to see if I wanted to comment. She had probably allowed for that in her prepared speech and when I didn't say anything it disrupted her plans. "I would like to be able to see Sarah more, and possibly have her come and stay with me from time to time."

I was happy for her to see Sarah, but not have Sarah stay with her. "I have no objections to you seeing Sarah, but I think you will find that it's the Family Court you have to ask about her staying with you. They may wish to make conditions."

"Oh you are not going on about that silly thing are you? We all know that it was lies. Roger wouldn't do anything like that."

Marilyn interrupted. "Did you actually talk with Sarah about that?"

"No. My mother did and she said Sarah was telling lies."

"And you took your mother's word for it?" Jane nodded. I knew the signs; Marilyn was cocking both barrels and was going to fire soon.

"Well I did speak to Sarah. And she told me exactly what that pervert had tried to do and what he did do and I believe her. The police believed it too and that there was sufficient evidence there to go to Court. But you took your mother's word for it. A deceitful woman who knew all about your affair, and I suspect encouraged it, yet tried to suggest that it was Dal who was the unfaithful partner. A woman who was prepared to put her granddaughter into the care of a man who may well assault her sexually. And you! A mother who would turn a blind eye to the possibility that could happen. What a piece of work you are! Dal is being generous agreeing that you could see Sarah, but as far as anything else is concerned it is the Court which will make that decision."