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Mac
September 2019
"All rise. Court is now in session. The Honorable Jeffrey Woodward is presiding."
The bailiff called the court to order.
The judge walked into the courtroom in his black robe. He looked at both parties in the Harden v. Harden case.
"Counselors, please approach the bench." Both attorneys walked up to the bench, and the judge looked back and forth between them. He knew them because he was on a circuit, and they had both appeared before him in other cases.
He looked at the plaintiff's attorney. In a quiet voice that could not be overheard, he asked, "Ralph, can you tell me why the hell we are here today?" The attorney was startled by the question but then stated that his clients were concerned about the safety and welfare of their grandchildren.
The judge then looked at the defense attorney, Evan Glynfell, and asked him to tell him in one or two sentences why he should not grant custody to the plaintiffs.
"Mr. and Mrs. Harden are upset because they have a grandchild who may be transgender, and their religion says this child has been taken over by the devil, and the father has allowed that to happen. My client doesn't believe that and is supporting and caring for his children."
The judge looked at the men again and just shook his head.
"Is there a chance this can be reconciled between the parties without involving the courts?"
Both men shook their heads in the negative.
He looked at the plaintiff's attorney and asked if he was prepared to pursue the case.
"Yes, your Honor."
He asked the defense attorney the same question and received an affirmation.
Both men returned to their seats. The judge looked at the audience and saw two men, one seated behind the plaintiffs and one behind the defendant. There was also a woman who sat in the back of the court.
"Since this is a family law court and what is discussed here is closed to the public, I would like to know who you gentlemen are and why you are here." I know the lady sitting in the back. Welcome, Ms. Tilley."
The man behind the plaintiffs stood and said he was the pastor at the Living Waters Missionary Baptist Church and that the Harden family were members of his church.
"Why are you here today?"
"I came to testify about the devil taking over this child and how the child is going to hell unless we get him back on the road to God."
"Thank you, pastor. We won't be hearing testimony today. What is happening now is an initial hearing about the safety of the children, and we will follow-up with a more formal hearing where each side may call witnesses."
"You don't understand, your Honor. This child is in danger today of going to hell. We need to immediately get him back to God. If something would happen and he would die this week, he would go straight to hell. This child's soul is in danger. You don't want that on your shoulders."
The judge didn't appreciate being told that he didn't understand and worked hard not to show prejudice in the case. He knew the Harden family and anticipated that whatever his decision, there would probably be an appeal.
"Thank you, pastor. I will take that into consideration."
The judge then turned and asked, "Sir, may I ask who you are?"
Thomas stood. "Yes, your Honor. My name is the Reverend Thomas Raverly. I am a friend and the spiritual advisor to Mr. Harden. I am here at his request, but if you desire, I will wait outside."
"Father, do you have a parish here in Hillsborough?"
"I do not, your Honor. I retired here. I am, however, providing supply clergy coverage for the Episcopal Diocese, I am on the faculty at Duke Divinity School, and I have a clinical faculty appointment in the School of Psychology at UNC."
The judge asked the attorneys if there was any objection to the men staying.
Neither objected.
He then asked the plaintiff's attorney to start. Ralph Parkinson started by introducing Mr. and Mrs. Harden and their daughter, Faith Hopkinson.
"Excuse me, counselor. Who exactly is asking for custody?"
"They all are, your Honor. Mr. and Mrs. Harden will have primary custody but will depend on Mrs. Hopkinson to assist them."
"Thank you, continue, please."
The plaintiff's attorney painted a lurid picture of the life led by Mark and his two children. The fact that he was allowing a boy child to dress as a girl and to have a girl's name was beyond the pale, and the attorney said his clients were concerned about the life long psychological damage that might result. He steered away from the pathway to hell verbiage because he knew the judge would likely have that stricken. The attorney then talked about unsavory characters that Mark Harden, Jr. was seen socializing with in town. "They are homosexuals, your Honor. My clients are concerned that these men will molest these children. You know that you cannot trust homosexuals. In fact, one of these men recently took the child in question to a gay rights gathering right here on Churton Street and allowed the child to mingle with these people."
"Do these people you are referring to have names?"
"Yes, your Honor." The attorney hesitated a second. "One of the known homosexuals is in the courtroom today. I am referring to Thomas Raverly. The other person is known as Joseph McKendry, who is Mr. Raverly's alleged husband."
"So, you referring to Father Thomas Raverly?"
"Yes, your honor."
Mark gasped, his eyes teared up, and turned to look at Thomas. He mouthed, "I'm sorry." Thomas smiled at Mark and nodded his head, indicating that he was okay.
"Counselor, who will you be calling to testify about the children being in danger?"
"We are still working on the complete list, your Honor, but certainly we will call the plaintiffs, we will call the good Reverend Johnson from their church, and he is identifying who else can come to speak about children who are forced to change their sex."
"Anyone else?"
"No, your Honor. We can get a complete list to the clerk."
"Thank you, counselor. You have five days to produce that list."
Judge Woodward then turned to Mark's attorney, Evan Glynfell, and asked him to proceed. At Thomas' advice, Mark had gone to Raleigh to find an attorney. Thomas knew that living in a small town had advantages but also disadvantages. One major drawback was an attorney taking a case that might be perceived as controversial in the community. Certainly, representing a family with a kindergarten transgender child was seen as out of the ordinary.
Mr. Glynfell started by identifying that Mark was a widower who had successfully raised his two children and that recently one of the children had begun identifying as female though born biologically male. He stated that Mark immediately sought medical advice from the child's pediatrician. The doctor provided clinical advice that Mark had followed. More recently, the pediatrician had referred Mark to the medical center in Chapel Hill, where he had faithfully been keeping all of his appointments. Mr. Glynfell then stated that it had been a difficult time for Mark and his children, and he connected with Father Thomas through the Episcopal Church in Mebane that he and the children were attending. Mr. and Mrs. Harden both gasped when they heard that Mark and his family were attending an Episcopal Church.
Mr. Glynfell then stated that Mark and the children were all in family counseling as they worked through the changes that were impacting the child, Army, also known as Belinda. The attorney said he would call the pediatrician, members of staff at the medical school in Chapel Hill, Father Raverly, Mr. McKendry, and a national medical expert from the Center of Excellence in Transgender Health located at the University of California Medical School in San Francisco.
The judge nodded and then said he wanted the complete list with contact information within five days.
"Your honor, I have another request."
"Yes, Mr. Glynfell?"
"This may seem presumptuous and probably something you would do anyway, but my client has asked that a Guardian ad Litem be appointed to represent his children. He wants to make sure their voices are heard by the court."
The plaintiff's attorney jumped from his seat. "I object."
"Mr. Parkinson, what is the basis of your objection?"
"It is normal in most cases for there to be a Guardian ad Litem, but my clients are asking for permanent custody immediately after this hearing. They plan to submit adoption papers immediately."
"What is the basis for that request?"
"Mr. Harden, Jr has taken his children into the nest of these homosexuals. They are living with them. The children are subject to being sexually abused by this priest and his husband. There are lots of reports of priests abusing children that cannot be ignored. It is reported that Mr. Harden, Jr. was seen kissing Mr. McKendry. My clients are now questioning whether their son has been recruited as a homosexual."
The judge sat straighter in his chair.
"Mr. Glynfell, is this true?" Are Mr. Harden, Jr. and his children living with Father Raverly and Mr. McKendry."
"Not exactly your Honor. Mr. Harden, Jr. worked for his father in the family construction company until recently. Mr. Harden, Sr. indicated that work had fallen off, and he was laying off his son until such time as more work came in. Then Mr. Harden, Sr., who held the title to Mr. Harden, Jr's home, called for the payoff of the mortgage loan. I will say that Mr. Harden, Jr was not behind on any of his monthly mortgage payments. Mr. Harden, Jr. does not have the money to pay off the loan and has been forced to seek alternate housing for himself and his two children. There is an old mill on the property that Fr. Raverly and Mr. McKendry own that had been renovated as a dwelling. The two gentlemen offered the renovated building to Mr. Harden, Jr. at no cost while he explored permanent, long term housing. The county issued an occupancy permit, and then Mr. Harden, Jr. and his children moved in. If there are questions about the home, I would ask that the court inspect the property to ensure it is appropriate for the family. I can also get you copies of all of the permits for the renovation, and the occupancy permit for the house. If the court deems that it is not sufficient, then Mr. Harden, Jr. will find other housing."
"How is Mr. Harden, Jr. paying expenses for himself and his children if he is no longer employed?"
The judge was clearly disturbed at finding out about Mark being laid off and left homeless by his parents, who were now trying to take his children.
"Your Honor, with Father Raverly's assistance, Mr. Harden, Jr. has acquired a position at Duke University as a senior manager in the facilities division. His salary and benefits will be more generous than when he worked with his father.
Also, Mr. Harden, Jr. has been granted free tuition and is enrolled in a Master's program this fall. I have a copy of his contract with the University, which will provide information on his salary and benefits."
"How will the children be cared for while Mr. Harden, Jr. is in school?"
"A female counselor, Becky Evans, from the summer camp program the children attended has agreed to come to the home and prepare an evening meal and help the children with their homework until Mr. Harden, Jr. gets home from his class. He has one evening class during the week, and the other courses are immediately after he finishes work, and this same woman will stay with the kids until their dad gets home. Mr. Harden, Jr. has registered as a full-time student. He is working full- time with benefits. He believes that he can balance school, work, and home life. He is looking at the long term and how he can be most successful in providing for his children."
"Thank you, counselor. Is there anything else from either side? Seeing none, I ask that everyone please remain in the courtroom. I will return to give you my orders in this case. Ms. Tilley, will you please come to my chambers?"
Mark turned to look at Thomas. Mr. Glynfell's hand reached out to Mark's shoulder to support him, and the three gentlemen conferred quietly.
"What if he says they are taking my children? I cannot live without my children? I will die if my children are taken from me. They are all I have in life. I have no reason to live if I don't have my children. I will want to die; I will die." "The Lord will do what is right, Mark. Do not be afraid. It may not be what you want, but it will be alright." Thomas tried to be reassuring but knew that Mark would be a broken man if the judge took away his children.
Mark shuddered and then felt Mr. Glynfell holding him up. Mark thanked him for his work during the hearing. "These are never easy cases, Mark. Let's hope I convinced the judge that the rational thing to do is to have the children with you while we work through this process." They sat in silence and waited. It seemed like it took forever.
"All rise."
Judge Woodward entered the courtroom and sat behind the bench. Ms. Tilley did not return.
"I have heard things this morning that has given me great pause. The court has to take into consideration the safety of the children, and whether their being on the property of a married homosexual couple will put the children in danger until such time as we have a full hearing. The court has to consider whether taking a son's job, and then his home put these children in danger. It is not part of this court's jurisdiction to determine whether that action was right or not. That is not part of the legal question that has come before us, and it should not be because all of those parties are majority age. It only impacts in that minor children are possibly made homeless by an action that itself was perpetrated by the individuals who are seeking custody of the children. The court has to look at the stability of the single parent, and his ability to provide financially and emotionally, as well as provide health care for his children. It seems that appropriate health care is a major concern in this case, and I ask that the defense be prepared to present evidence on this topic in the hearing. The court has reviewed the facts as presented today. This order stands until we next convene in court thirty days from now. At that time, I may continue the orders, modify them, or reach a verdict on this case, which may make them null and voice. Mr. Harden, Jr., would you please stand?"
Evan Glynfell and Mark both stood. Fr. Thomas sat behind them with his head bowed in prayer.
I hereby order:
The children, Robert and Armistead Harden, remain with their father while a home study is conducted.
The children, Robert and Armistead Harden, are to have psychological studies to determine whether they feel safe and, in fact, are safe with their father. I also order that educational tests are conducted to determine if their scholastic abilities and skills are age-appropriate. Additional tests will be performed if court officers feel they are necessary.
I have appointed Millie Tilley as Guardian ad Litem for the two children. Ms. Tilley will be in contact with Mr. Harden, Jr., and is the contact for any supervised visits. The children, Robert and Armistead Harden, are to have supervised contact with Mr. and Mrs. Harden, Sr., and Mrs. Faith Hopkinson during this hearing period. The children shall have no contact with Pastor Johnson. The visits are limited to one hour per week in a place designated by the Guardian ad Litem.
The professional credentials of all witnesses are to be submitted to me directly when you submit their names to the clerk. If these individuals are licensed in this state or any other state, I would like a copy of their licenses. If any subpoenas need to be issued, please notify the clerk.
A criminal background check will be conducted on Father Thomas Raverly and Mr. Joseph McKendry. I want the background checks initiated today. If there is any indication of prior child abuse, Mr. Harden, Jr. and children will immediately vacate the property where they are living. When I say immediately, I mean immediately. Mr. Harden, Jr., you will report to me directly if you are required to vacate the property. That may change all of my orders if I feel the children are not safe.
Mr. Glynfell, I noticed that some of the paperwork submitted has the name of a child, Belinda. Please ensure that all future paperwork has the child's legal name. If there is a petition to change the child's name legally, please submit a copy of that paperwork to me.
I am ordering this effective immediately. The clerk's office will have a copy of the order ready later today. This court is adjourned."
"All rise." Everyone stood while Judge Woodward left the courtroom. The only noise to be heard was wailing from the two women.
Mr. Glynfell hugged Mark and pointed to the exit doors. Thomas followed them out the doors and onto the sidewalk.
Mark offered to take them to lunch, and Mr. Glynfell suggested they head over to Carrboro, where there was less chance their conversation would be overheard and reported back to the Hardens.
Thomas called Joe to meet them at Weaver Street Market. Joe had Belinda and Robert with him. Mark had been afraid to have them in the summer camp that day in case things did not turn out favorably. He didn't want either his parents or deputies arriving at the camp to pick up his children.
They arrived at the old Carrboro Mill parking lot at the same time as Joe. Mark tried to scoop both children into his arms. Robert and Belinda were confused about why their dad was crying and kissing them. They knew nothing of the court proceedings that morning. Thomas identified an outside table and suggested everyone get food and bring it back to the table while he made sure no one else sat there. He moved the table and chairs even further away from other people.
"Father Thomas, can you say grace for us?"
Thomas looked at the attorney and nodded his head. He said a quick prayer for the nourishment of the food and blessings on children. They all ate and talked about how nice it was to eat outside. Mark said they would go to the Mill House and play in the Eno River. Robert then talked about climbing Occoneechee Mountain that morning with Joe. They were all amazed at the beautiful scenery from the top of the mountain. They finished, and Mark shook Evan's hand and thanked him for his services. Evan told him they would need to meet and plan a strategy for the next hearing.
Mark said the kids would ride back with him while Thomas climbed into Joe's truck. Thomas gave Joe a detailed accounting of the court proceeding, including Mark's comments about having no reason to live if he lost his children. Joe had a hitch in his breath, and his eyes started watering. Thomas told him to focus on driving and they could talk more when they got home. He reminded Joe that their son, Sean, was okay, and it was nothing like what had happened to them.