• 2 months ago
NOT IN FRONT OF THE CHILDREN
| Drama | 1982 |

Plot:
Two years after her divorce, Nancy Caruthers asks her new lover, medical student Paul Adams, to move in. The new living arrangement prompts her ex-husband Richard to sue for custody of their two daughters, on moral grounds: he doesn't really want the girls to live with him, but his strict religious background won't let him stand by and let them be raised in an atmosphere of 'sin.'

Crew:

• Directed by: Joseph Hardy
• Written by: Cynthia Whitcomb
• Starring: Linda Gray, John Getz, John Lithgow, Stephen Elliott, Carol Eve Rossen, Lin McCarthy
• Produced by: Marco Turk
• Music by: Fred Karlin
• Cinematography: King Baggot
• Edited by: Michael Brown

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Transcript
00:00:00You
00:00:30You
00:01:00You
00:01:30Oh
00:01:52Come on I'll go downstairs and make coffee
00:02:01It's really 30
00:02:11You're the one who wanted to be a doctor Chris you've been Casey wherever you are
00:02:30You
00:02:32You
00:02:55Rose is dead to the world. I know coffee's ready
00:03:02You know, you don't have to get up this hour I get coffee at the hospital
00:03:07Nothing out of a vending machine is good for you. I
00:03:11Love doing I love you doing it
00:03:17Besides I had to get up early anyway to finish my designs for the drapery fabrics
00:03:21They have to be in the mail this morning, and I still have two left to do
00:03:24Wanna meet me for lunch?
00:03:26I have an idea. I want to talk over with you. It's important. What?
00:03:30Later
00:03:32You bring the sandwiches
00:03:34Sure, beansprouts and avocado for me. I'll see if the usual place and give a little people my love when they wake up
00:03:40What about eggs? Oh, I can't I've gotta pick up something in my apartment
00:03:45Bye
00:03:59Oh
00:04:15Yeah, got my new rotation emergency
00:04:1924 hours on 12 hours off
00:04:22On call all the time next six weeks
00:04:25See, you know, it's what makes med school famous
00:04:29So I I won't have much time
00:04:32But what time I had I want to spend with you. Maybe I could break a leg
00:04:40Well, it's been driving me crazy all morning, what do you want to talk to me about I want you to live with me
00:04:48You're not serious I am serious
00:04:52But you have a bachelor apartment and I have two daughters and a house full of stuff so we'll get a bigger apartment
00:04:58Well, we'll get bunk beds hammocks, I don't care
00:05:01Hold on
00:05:02I know don't give me that speech about
00:05:03Growing up and becoming a doctor and moving back to California and setting up a rich practice in Beverly Hills and marrying a blonde
00:05:07debutante from USC UCLA
00:05:10UCLA looking when you're gonna get it through your hard New England head that I love you
00:05:13Well, I know you love me now, but I'm gonna last forever. Why not? I wanted to last forever at least until I'm 90
00:05:20And I'm 94
00:05:23How old do I have to get before you stop thinking of me as a younger man
00:05:26Well, I think one of us ought to be realistic why why are you always so cautious
00:05:31You're waiting for fate to break us apart with it. Fate has nothing to do with it
00:05:35You're the one who keeps getting in your own way. Do you want me or don't you? Of course, I want you
00:05:41Then take me lady
00:05:57Okay, they taught them how to tell which side of the tree the moss grows on that's great which side
00:06:05Hey, thanks for picking him up. He's a perfect sister. Well, it's my pleasure. There's nobody I'd rather be with than these monsters
00:06:13No, honey, right now. I have to finish this for a deadline. I got a commission
00:06:18Wonderful. What's it gonna be?
00:06:21Hopefully for a sheets of pillowcases
00:06:23It's pop coming over tonight
00:06:25Yeah, I should be here anytime now. So why don't you two run upstairs and do your homework?
00:06:39This is great to come home from a hard day's work to be hugged and kissed by two beautiful women
00:06:45Good-looking guy, I gotta go Philip has one of those legal things
00:06:53I
00:07:01I'm sorry. This is a bedtime story only to be read at bedtime besides you go on to the next chapter
00:07:06And I wouldn't be any fun. No, I won't. I'll only go as far as we went already
00:07:10promise
00:07:11Cross my heart me, too
00:07:16All right, but if you even turn to page 21, I'll know that'll break the faith between us only got to page 20
00:07:23You can trust us
00:07:33You're right, they're gonna love you living here
00:07:37How's it going slow
00:07:41Well, you got another job, yeah, they love my stuff what
00:07:48You keep working I've got dinner already
00:07:53Trying to make yourself indispensable
00:07:56Yeah, how am I doing terrific?
00:08:03The children stood round the hole in a ring looking at the creature they had found it was worth looking at
00:08:09Its eyes were on long horns like snails eyes and it could move them in and out like telescopes
00:08:15Alien no, wait and see
00:08:18You didn't see that movie. Did you?
00:08:21Mom the story
00:08:27It had ears like a bat's ears and it's tubby body shaped like a spider's and covered with thick soft fur
00:08:35Its legs and arms were furry too. I've had hands and feet like a monkey
00:08:41What on earth is it James said shall we take it home?
00:08:44the thing turned its long eyes to look at her and said
00:08:48Does she always talk nonsense or is it only the rubbish on her head that makes her silly
00:08:54Look scornfully at Jane's hat as it spoke
00:08:57She doesn't mean to be silly auntie. I said gently we none of us do whatever you may think don't be frightened
00:09:03We don't want to hurt you, you know
00:09:04Hurt me. It said me
00:09:07On my word why you talk as if I were nobody in particular
00:09:17Ah
00:09:22Your feet are freezing. Well, that's what we're lucky to have you you're a great foot warmer
00:09:27You ever heard of socks?
00:09:30What's the fun in that?
00:09:35Paul
00:09:37You tell me something yeah, what
00:09:40I
00:09:42Think escape from the tower. Oh
00:09:45No, you don't
00:09:46No, you gotta wait till tomorrow night like everybody else. Oh great
00:09:50What's the point in being a grown-up person if you don't get special privileges?
00:09:55No, maybe there isn't any point. I
00:09:59Will tell you that it all works out in the end
00:10:10Oh
00:10:15About our living together
00:10:19Think your schedules too crazy for us
00:10:24And it's just the point
00:10:27I'm only gonna get three hours of sleep tonight. I wanted to be with you
00:10:31But
00:10:34Living together is a commitment. I've never just lived with someone before it's all new to me
00:10:42Nice but you I
00:10:46Want the girls to understand it so do I
00:10:55Good you tell them
00:11:01Mindy put milk on your cereal
00:11:04Yucky, I don't care good for you. Well, poppy here at bedtime tonight
00:11:10Yes, but he has a new schedule and he may not be here at bedtime much anymore, but
00:11:17There may be a way that he can be here all the time when he's not what
00:11:22You
00:11:28Both know how much Paul and I love each other
00:11:32And the daddy and I've been divorced for over two years. Well, probably our new daddy
00:11:37Would you like that? Yeah
00:11:40Well, I don't want you to get mixed up. Do you have a real daddy too?
00:11:43We won't get mixed up lots of kids have two daddies. Carrie has three
00:11:48Well
00:11:50We're not going to get married I'm not real sure about that but
00:11:54He would be able to live with us
00:11:56Would you like that? Oh sure, then we could have stories all the time and we can have two daddies
00:12:05Okay, you finish your cereal I have work to do and you're gonna be late for school
00:12:18Come on
00:12:25Watch your back. Oh, well, you know how many years I've been in school
00:12:29Tired here. I don't want to go to dad's today, honey. You always see your daddy on Sunday
00:12:34That's the arrangement we made with the judge. I don't care. I want to help
00:12:37Help when you get back
00:12:43One blue sock and one brown sock you guys on his way and we haven't changed your socks
00:12:47He won't care if you won't even see wait a minute. Don't you care? No, I care. Oh my trick
00:13:08I you must be Richard. I'm Paul Adams. How do you do?
00:13:15But the girls will be out in a minute
00:13:20Got a couple of terrific kids there. Thank you. I think so myself
00:13:30Well
00:13:38By Hindi by Millery, that's not right
00:13:49Hi
00:13:52Hillary what is Paul doing? He's moving in with us. He's gonna live here. He's gonna be our new daddy
00:14:08I
00:14:23Will come again
00:14:38In my father's house
00:14:42He'll know if the Lord knoweth the fullness of his heart
00:14:48But did not Jesus promise that he would come again
00:14:52He said yay, so I go to prepare a place for you I
00:14:57Will come again and receive you unto myself
00:15:02That is his promise to us
00:15:05The time comes for each of us to leave our earthly houses we have the Lord's promise
00:15:13Wonderful. Thank you
00:15:16Let's see you again you do
00:15:19That was a good sermon dad. Thank you, son
00:15:22You did does that mean that you are coming back next Sunday
00:15:35Thank you
00:15:42Dad should we have the girls say grace? Yes
00:15:47This food to our use and us to
00:15:53Our service
00:16:03John is nothing out of the ordinary. I look forward to these special times when the girls and Richard are with us
00:16:12The rules
00:16:14Maybe you're gonna have lots of roast beef. I don't want any roast. Well, you've got to eat, honey
00:16:21I'll just have mashed potatoes and peas. Well, what are you talking about? You love roast beef. I don't want any meat either
00:16:30Here we are
00:16:32Now what have we here? Have I ever done the roast beef? No, no, no mother. Everything is just fine
00:16:37Let's cut into you two. I'm gonna be a vegetable arian like Paul
00:16:43Who's Paul?
00:16:44He's living with us. He's gonna be a doctor now. We have two daddies
00:16:51You
00:16:55He's not our real daddy, oh
00:16:57What is that supposed to mean?
00:16:59He's mommy's boyfriend and he's gonna live with us and everything
00:17:05and everything indeed
00:17:08Richard you know about this not until today John. Did you talk to Nancy about this?
00:17:16No
00:17:18How come it's such a big deal people live with each other all the time on TV
00:17:22It doesn't matter how many people do something a sin. It's a sin
00:17:27John we we do not punish children for the sins of the father
00:17:32Mothers the case may be
00:17:37No, dear your grandfather sometimes forgets that the dinner table isn't the pulpit
00:17:44John let's not talk about this in front of the children
00:17:46But certainly doesn't seem as a surprise to them look let's talk about it later. Can we please?
00:17:59It's Nancy's life she's the one making all the decisions
00:18:03Those precious girls are your daughters
00:18:07Our children how we raise them make up a very important part of our lives. I don't talk cavalier about
00:18:13Responsibilities father you think you and your sister would have turned out as well as you have we took hands-off approach to your offering
00:18:23I'm proud of you
00:18:24Fine, you have no reason to be proud of me dad. I
00:18:28Failed as a husband
00:18:30As a father, I lost my children. They're your flesh and blood
00:18:35Whether you're with them or not, they're your responsibility for life. But what do I do?
00:18:40What am I supposed to do
00:18:43Sometimes I wish the whole thing would just go away. I'm so tired of it all
00:18:51God is on your side
00:18:54Pray for their guidance
00:18:57You'll find an answer
00:19:00This might very well be the most important thing you ever do for your children
00:19:05You must talk to Nancy
00:19:07He's at the hospital go upstairs take off your coat upstairs
00:19:16Be right up brush your teeth and don't forget to close the door
00:19:19I
00:19:44Have to talk to you is
00:19:47Is he here
00:19:50No, what is it?
00:19:54Why didn't you let me know you were planning to have a man move in here because I didn't think it was any of your
00:19:59business
00:20:01You didn't think it was my business if my daughters are living in an atmosphere of promiscuity
00:20:08Living with one man doesn't constitute promiscuity
00:20:12And besides they are our daughters
00:20:15Nancy you are the person they respect most in the whole world
00:20:19And you're teaching them that intimacy outside of marriage is not a sin. Well, I don't think it is
00:20:25Listen, one of the terms of our divorce is that they can go to church with you on Sunday
00:20:30They have the opportunity to learn your beliefs
00:20:33But all the sermons in the world can't compete against what you're teaching them right here at home. I am being honest with them. I
00:20:41Am doing what's right for me and later on they can do exactly what's right for them
00:20:45But if you deliberately choose to have relations with some man
00:20:50That's your right and your choice, even if I don't approve
00:20:53But what about their rights? They didn't choose to live with this man. I guess
00:20:59They wanted
00:21:01Their babies. They don't know what it means. I forbid you to fall this relationship in front of my children
00:21:08You have no right to forbid me to do anything Richard
00:21:11Maybe not
00:21:14But I do have some say over how my children are going to be raised and I'm not gonna give up that right
00:21:24So you just consider what I've said
00:21:34Are you gonna go to hell?
00:21:36Mom are you gonna go to hell? No, sweetheart. I'm not
00:22:03This is kind of hard to explain
00:22:07Everyone has their own beliefs
00:22:11And your daddy thinks that the way we're living together is wrong and he has a right to think that but I don't I
00:22:21Believe that God is love and that what we have together
00:22:27Paul and I and you two girls
00:22:31That's love
00:22:33And I think God understands that
00:22:37That's what I believe
00:22:41And when you two girls are all grown up and you have a right to decide what's right for you
00:22:48Okay
00:22:52Send you down
00:22:59Okay
00:23:06You
00:23:36Oh
00:24:00What
00:24:06Oh
00:24:15What are you doing here
00:24:17The girls invited the girls might not know any better, but you certainly should have come on daddy. Let's go see my picture
00:24:23Okay, honey. Just a moment
00:24:27You know, I just don't understand you people you not only live like this but you insist on publicizing it
00:24:34Look you're not their father. You're not even their stepfather. You shouldn't be here
00:24:42Thanks for the tour girls
00:24:44I've got to go to work. Anyway, you uh, show your dad all the great stuff you showed me and I'll see you don't
00:24:48You don't have to go
00:24:50Oh yes I do
00:24:52I'll see you later
00:25:04Wonderful, I've got to take off. I'll see you later
00:25:11Okay
00:25:24Richard I'm sorry. Hello. I don't get up. How are you? Fine? Fine. How long has it been?
00:25:30It's been about two years
00:25:32Well, what can I do for you this time? I
00:25:36I
00:25:39Want to sue Nancy for custody of my children
00:25:43You have two daughters right how old do they know eight and ten and what are the grounds
00:25:53Moral you contend that your ex-wife is an unfit mother
00:25:59No Nancy's
00:26:02Not a bad mother not in most things it's just in
00:26:12This one area
00:26:15And that is she's living with a man I
00:26:22See
00:26:25Can we prove harm to the girls a moral harm certainly
00:26:29Well
00:26:32Suppose we
00:26:33Do get halfway into this thing and she decides to marry the man or he moves out
00:26:38And you're at ten or twelve thousand dollars into litigation. What would you do?
00:26:44Trumpet so basically it's not a question of whether or not the girls come to live with you. No
00:26:51You see I'm just concerned that they're brought up with at least some
00:26:58Decent moral standards I
00:27:01Have to tell you it's a long shot
00:27:03The odds are overwhelmingly against it
00:27:07You sure you wouldn't like to think it over
00:27:11No, I'm sure
00:27:14You just tell me what I need to do
00:27:17I
00:27:20Help me with this I can't do it. Hey, that's great
00:27:26What'd you get that sock house? What does he know that you're cutting up his socks to make doll sweaters? He won't care
00:27:35Sure you left in the other one, right
00:27:47Yes, hi, are you Nancy Carruthers? Yes
00:28:00Hey, wait a minute, what is this?
00:28:17Whereas you are hereby summoned and required to serve upon the plaintiff's attorney a
00:28:22Copy of your answer to the complaint for custody of the children, which is here. We served upon you
00:28:27as the said attorney is
00:28:29Reported to this court that an action in fluid on what grounds?
00:28:34It's there someplace I think the phrase is an atmosphere of immorality, which is unhealthy
00:28:40An immoral atmosphere, which is unhealthy for the children can't possibly believe anyone will buy that
00:28:46Well, he's jealous he just wants to harass you
00:28:50Richard doesn't operate like that
00:28:54How can you do it can you take the girls away from me
00:29:00Sure looks like he's going to try
00:29:04I'm a lawyer, but I think you're gonna have to go to court. I don't want to go to court
00:29:12Maybe if you talk to him and work it out without a hassle
00:29:17If he was willing to talk and you wouldn't have done this
00:29:21For me, I'd sure try and talk before I fought
00:29:24But it's not you
00:29:26It's me. I
00:29:28Know Richard and I have to fight. I can't let him march in and take the girls or force me to change the way I live
00:29:40Understand why you married him
00:29:43I was young. He was older and he was steady
00:29:52He also was the only man I knew who wasn't a Beatles fan
00:29:58Great reason for marrying I thought that made him an individualist
00:30:04Very idealistic
00:30:07He always was saying that he wanted to make the world a better place to live
00:30:11And back then someone with a sense of value was very attractive
00:30:19Couldn't you see what you were getting into
00:30:27Don't have it so fast
00:30:30We got married we dropped out of architectural school
00:30:36And the problems began
00:30:39He didn't say anything he never complained it was just sort of a silent martyrdom from then on
00:30:46But one day I woke up and I realized that as far as he was concerned I was there
00:30:53Cook dinner dress the girls
00:30:59Go to church
00:31:04And make love once a week it just wasn't enough
00:31:09And
00:31:14That was the end of that story
00:31:38Oh
00:31:55Good morning. Hi. Sorry to barge in on Sunday. Oh, that's all right
00:32:00Mom called this morning. She said you didn't call on her birthday. Oh
00:32:04God well, so much of my mind. Sure. Well, she was worried. I said you were fine
00:32:18You like a cup of coffee
00:32:20Hi
00:32:21Hi, well, I hate to interrupt. That's okay. They'll keep it's the whole point of collecting those things. Anyway
00:32:28Did you bring the summons?
00:32:33I
00:32:44Richard certainly means business. That's for sure
00:32:47Well, well, what's gonna happen? I mean, what do I do now?
00:32:51Well, if you go to court and win
00:32:54Nothing changes you retain custody of the children
00:32:57But if you lose Richard is awarded custody and the girls have to go live with him
00:33:02Do you think I'm gonna lose no, I think you'll probably win I
00:33:08Can't believe that a court in this day and age would declare you unfit simply because you're living with the guy
00:33:13but
00:33:15Well, I have lost cases that I ought to have won and I've won cases that I ought to have lost
00:33:20And you can't really tell
00:33:22What's really going to happen until it's all over
00:33:25That's terrific. It really says a great deal for our legal system doesn't but in the meantime, what does Nancy do?
00:33:32Well, she has several options
00:33:35And she could try to work this out with Richard. Yeah, she could get a lawyer and fight it out in court
00:33:41she could ask Paul to move out or
00:33:44Well, she gave him Mary Paul
00:33:47What right does he have to tell me how to live my life?
00:33:50Because he's the father of your children. Are you on my side or what? I
00:33:55Don't think that it's a question of size. I think he's simply trying to show you the alternatives
00:34:02Well, I'm not ready to marry Paul right now
00:34:05But I do love him. So I'm certainly not going to ask him to move out
00:34:09And then the only option you've got left is to get a lawyer and fight it out in court
00:34:14Will you represent her?
00:34:20No, I know
00:34:24Because being a member of the family there might be some conflict of interest
00:34:28But you handled my divorce, that's right, but that was pretty straightforward it was uncontested
00:34:36This could turn out to be pretty messy and it wouldn't be good for your career. No, it's not that
00:34:41Matter of fact, it might be great for my career. Then that is the real reason I
00:34:45Don't approve of what you're doing Nancy. It's as simple as that
00:34:49You think it's wrong that I'm living with Paul?
00:34:51No, I think it's wrong for you to risk losing your children so that you can live with them. I
00:34:56Don't think it's responsible of you to gamble with their future. Well, you said I'd win I said probably it's still a gamble
00:35:03I mean given our system, there's no guarantee that you're not going to get a moralistic conservative judge
00:35:08I think I already have I'm not judging you the hell you're not. Come on you guys. That's enough now stop it
00:35:15Look, I'm not saying that the system is right
00:35:17But it is still the system and if you don't wake up to that you're gonna end up with a terrific case and no kids
00:35:25Look, why don't you call Richard? You could use a lawyer just like you
00:35:32Nancy please try to understand
00:35:36Now, wait a minute, please, you know how much we wanted children
00:35:39Well, he happens to think the children are the most important thing. So do I I
00:35:45Care about my children and I have no intention of letting them go
00:35:50But there's another issue at stake right now. I
00:35:53Believe that a person has a right to live the way he or she chooses just so it doesn't hurt anybody and
00:35:59No judge or anybody else is going to tell me that I can't live with somebody that I love
00:36:06That's what I believe in and I firmly believe it's worth fighting for
00:36:14It's Patterson, this is miss Carruthers, would you like a cup of coffee? No, thank you sit down
00:36:22Glad you could see me so quickly a telephone call intrigued me
00:36:27Tell me about it
00:36:29Well, I really don't know where to start. Why don't you show me the documents?
00:36:43Atmosphere of immorality
00:36:47Strange that someone would sue on this basis alone in this day and age
00:36:53Are you sure there's nothing else?
00:36:56No
00:37:01Do you drink
00:37:03Do you do any drugs? No, are you sleeping with anyone other than the man you live with?
00:37:10Kathy can I have some more coffee, please?
00:37:13Do you hit your kids?
00:37:15No, have you ever had a homosexual relationship?
00:37:18No, and I don't know what all this has to do with anything, I'm sorry, I just don't want any surprises in court
00:37:25Would you say that your ex-husband is motivated by jealousy or sincere moral outrage?
00:37:36I think it's mostly a moral thing
00:37:45Okay, let's do it
00:37:47I think this is gonna have some interesting implications for women's rights
00:37:52Now just a minute I
00:37:54Just want to know one thing. Could I lose my girls because of this?
00:37:58Well, there are no guarantees, but I think the odds are tremendously in your favor
00:38:01And I think the press will be on our side the press. This is gonna be a very controversial cause
00:38:07I don't think there's anything controversial about a mother who wants to keep her children
00:38:13That's what I want. No publicity. No causes
00:38:17Just my children
00:38:23So, let's just concentrate on that
00:38:27Absolutely
00:38:36Hey, how'd it go? You like the lady lawyer?
00:38:38She seems fine. She's efficient and frank and she said the worst thing that could happen was that we got married
00:38:45That's why you look like it's the end of the world or that you moved out I
00:38:50Vote for the former
00:38:54Just trying to make my position clear
00:38:57Don't worry your position is very clear. Hey, don't let him get you down
00:39:03This is Paul. Remember I'm on your side. I
00:39:07Know but you don't have as much at stake as I they're not your kids
00:39:15For the record, I know this is hard to believe but I love your kids almost as much as I love you
00:39:19They're magical little people and and I would do anything to keep them from growing up to be repressed guilt-ridden adults like their father. I
00:39:27Will I will marry you or I?
00:39:30Will move out I will
00:39:32buy a suit
00:39:35You name it
00:39:37You're not alone here, I'm in this thing all the way
00:39:41Okay
00:39:43Okay
00:39:46Okay
00:39:49Good I
00:39:54Am I
00:39:55Think we should find some way of explaining all that legal business to the kids without getting too technical
00:39:59Have they been asking you that? Yeah. Well, I already had a confidential talk with me
00:40:04She said you were acting strange
00:40:07Wanted to know if you were pregnant
00:40:09That's all I need I don't know might be kind of fun I could get my obstetrics rotation in about nine months
00:40:18It's not even funny
00:40:26I have a better idea
00:40:29Why don't we just run away to the South Pacific and never come back now you're talking like an adult
00:40:39Oh
00:41:09We gotta
00:41:15You hike the boat and then you run past mommy when you get the hilly you turn around
00:41:24Like last time
00:41:26Give me a break
00:41:30Keep your shirt on
00:41:32Oh
00:42:02I think I fractured my arm.
00:42:06Fractured this arm?
00:42:07Mm-hmm.
00:42:08Let me see.
00:42:09No, I think what you had was a close call,
00:42:12but there's no problem.
00:42:13You're going to be just fine.
00:42:14Really?
00:42:15Absolutely.
00:42:17Okay, let's play ball.
00:42:19All right.
00:42:20Wait, wait, wait.
00:42:21I'm out.
00:42:22You want your mother to go to court tomorrow
00:42:23all bruised and badly?
00:42:25Are you going to have to go to jail?
00:42:27No, sweetheart.
00:42:28I'm going to stay right here with both of you.
00:42:32What is Daddy going to do?
00:42:35Well, Daddy's going to ask the court
00:42:37if the two of you can go live with him.
00:42:39I don't want to.
00:42:40Me either.
00:42:42That's why Mommy's going to court tomorrow
00:42:44to ask the judge if the four of us
00:42:46can continue living the way we are.
00:42:48Paul, too?
00:42:54Right.
00:42:55Paul, too.
00:43:01Look, I know that it's wrong for them to live like that.
00:43:04I just don't think a trial is going to solve anything.
00:43:07My lawyer says that our case is slim at best,
00:43:10and besides, even if he goes our way,
00:43:12all that man has to do is marry Nancy
00:43:14or move out, and I lose.
00:43:16I lose the case and a great deal of money.
00:43:19You can't put a price on something like this, son,
00:43:21so don't let it eat away at you.
00:43:24There's just no turning back.
00:43:27But there might be some better way to handle it,
00:43:29some way that would spare the children
00:43:31the embarrassment of this kind of trial.
00:43:33I wish there was another way, too,
00:43:35but there simply is not.
00:43:39If another road existed, believe you me,
00:43:41the Lord would have pointed you in that direction.
00:43:44Just realize there's probably many children
00:43:47in the same situation as yours.
00:43:50Look how much good you'll be doing by pursuing this.
00:43:53But not if I lose, Dad,
00:43:55and I'm so tired of losing.
00:43:57You will not lose. You will not.
00:44:27Nancy, there you are.
00:44:29Where's Paul?
00:44:30He's at work, but he'll be here later.
00:44:32Okay, you ready?
00:44:33Ready as I'll ever be.
00:44:43Jean.
00:44:45Oh, thank you for being here.
00:44:47Good luck, good luck, good luck.
00:44:49Thanks.
00:44:50I'll see you later.
00:44:52Bye.
00:44:53Bye.
00:44:54Bye.
00:44:55Good luck.
00:44:56Thanks.
00:45:04I would have wished us better luck in drawing a judge.
00:45:07Why?
00:45:08I don't think he likes women much.
00:45:11All please rise.
00:45:13The probate and family court
00:45:15of the Commonwealth of Massachusetts, County of Suffolk,
00:45:17is now in session.
00:45:19The Honorable Preston Winters Judge presiding.
00:45:26Be seated and come to order.
00:45:34Well, the court has before it this morning
00:45:36the case of Carruthers v. Carruthers.
00:45:39Are both parties ready?
00:45:41Yes, Your Honor.
00:45:42Yes, Your Honor.
00:45:43Very well.
00:45:45Counsel for the plaintiff, proceed.
00:45:48Thank you, Your Honor.
00:45:51I would like to begin by saying
00:45:54that it is not without just cause
00:45:56that we seek change in custody.
00:45:58When impressionable children
00:46:00are threatened with moral confusion
00:46:02and corruption at a tender age,
00:46:04a loving father is moved to seek direct action.
00:46:08Your Honor, we intend to demonstrate
00:46:10that the cohabitation of Mrs. Carruthers
00:46:12with a student by the name of Paul Adams
00:46:15creates an atmosphere of immorality
00:46:17which is unhealthy for the children.
00:46:19There is a precedent for change of custody
00:46:21under such circumstances,
00:46:23and it is still good law in this commonwealth.
00:46:26We therefore request that the custody
00:46:28of the two minor children be removed from the mother
00:46:31and awarded to the father, Richard Carruthers.
00:46:35Ms. Patterson?
00:46:36Thank you, Your Honor.
00:46:38I'm aware of the precedent,
00:46:39but I contend that it is not applicable
00:46:41for reasons that will become apparent later.
00:46:43In this country today,
00:46:44it is no longer shocking
00:46:45for an unmarried couple to live together.
00:46:47In some states,
00:46:48they even have laws to protect cohabitants' rights.
00:46:52It's incredulous to think a court
00:46:53would deny a mother custody on that basis alone.
00:46:56May I remind the court
00:46:58that the burden of proof rests with the plaintiff
00:47:01to prove indisputably
00:47:03that my client is providing an immoral atmosphere
00:47:07that is unhealthy for her children.
00:47:09Unfortunately, our society puts a great deal of pressure
00:47:12on women to marry,
00:47:13or remarry in this case.
00:47:16A woman is not free to work at her job,
00:47:18raise her children,
00:47:19and live with the man she loves
00:47:20without being prosecuted.
00:47:21Ms. Patterson.
00:47:25The point.
00:47:27Yes, Your Honor.
00:47:29We intend to show
00:47:30that not only is the home situation
00:47:32wholesome and decent as it now stands,
00:47:35but that since Mr. Adams moved in,
00:47:37the children are happy, well-adjusted,
00:47:40and their schoolwork has improved.
00:47:42A change of custody would not be in their best interest.
00:47:46Mr. Crenshaw, your first witness.
00:47:49They've been very restless in church.
00:47:52I don't think they even listen to the sermons anymore.
00:47:55Are your daughters in the habit
00:47:56of going to church with you regularly?
00:47:59Every Sunday.
00:48:01Now, would you please tell the court
00:48:03about the conversation that occurred
00:48:05between you and the girls
00:48:06on the afternoon that Paul Adams moved into their home?
00:48:10Yes.
00:48:11We were having dinner,
00:48:13and one of them mentioned
00:48:14that a man was moving into the house with them.
00:48:18There was a bit of confusion
00:48:21about whether or not he would become their daddy
00:48:27since he was not married to their mother.
00:48:30Now, did you sense that there may have been
00:48:33a deeper confusion going on?
00:48:35Yes, I did.
00:48:37I was afraid that their mother's behavior
00:48:41might undermine their whole framework
00:48:46of right and wrong.
00:48:48It seems to me that a mother's example in the home
00:48:50can outweigh a whole lot of good sermons.
00:48:55Thank you. No more questions.
00:48:57Your witness, Miss Patterson.
00:48:59Mr. Carruthers,
00:49:02how did you learn that Mr. Adams
00:49:06was moving into your house?
00:49:08I saw him moving in.
00:49:10Had you ever seen him before that day?
00:49:12No.
00:49:13Did you see any kind of interaction
00:49:14between Mr. Adams and your daughters?
00:49:17Interaction?
00:49:19Did they say anything to one another?
00:49:23Yes, I think so.
00:49:26They said goodbye to each other, I think.
00:49:30Did they seem to be on friendly
00:49:33or even affectionate terms?
00:49:36Even affectionate terms with each other?
00:49:39Conjecture.
00:49:40Your Honor, I'm attempting to demonstrate
00:49:42that the plaintiff has brought suit
00:49:44based on jealousy, bitterness, possibly even vengeance,
00:49:47not with the children's best interests
00:49:49in the forefront of his mind.
00:49:51Overruled.
00:49:54I'll repeat the question.
00:49:56Mr. Carruthers,
00:49:58were your daughters on affectionate terms with Paul Adams?
00:50:03I...
00:50:07I don't know. It's hard to say.
00:50:10Well, in your opinion,
00:50:12did they like Paul Adams?
00:50:16Did they appear to be afraid of him?
00:50:18Were they cold to him?
00:50:20No, I suppose...
00:50:24I...
00:50:25I guess
00:50:28they
00:50:30liked him, but I don't think that has...
00:50:31Thank you.
00:50:32You've answered my question.
00:50:35Mr. Carruthers, who filed for divorce
00:50:37when you and your wife were separated?
00:50:42She did.
00:50:43Is it true that you didn't want the divorce?
00:50:47Yes.
00:50:49Do you pay both child support and alimony?
00:50:53I pay child support, not alimony.
00:50:57Good.
00:50:59Now,
00:51:00let me just go back to the day Paul Adams moves in,
00:51:04just to see if I have the situation clear.
00:51:08That Sunday morning, you arrived
00:51:11and... to pick up your daughters,
00:51:13and you discovered a young man whom you've never seen before
00:51:15moving into your house.
00:51:16Oh, excuse me.
00:51:19The house where you formerly lived with your ex-wife
00:51:22when the family was together.
00:51:23Now, this stranger
00:51:25is moving into the house
00:51:27to take the place your wife has asked you to leave.
00:51:30This stranger, whom you assume to be sleeping with your ex-wife
00:51:33in your old bed.
00:51:34Objection, Your Honor.
00:51:37Overruled.
00:51:39Now,
00:51:40this stranger
00:51:42is not only, by your own observation,
00:51:45on affectionate terms with your little girls,
00:51:49but, um...
00:51:51they are already referring to him as a new daddy.
00:51:54Did that make you angry, Mr. Carruthers?
00:51:58Yes.
00:51:59I ask you, Mr. Carruthers, if you can honestly tell this court
00:52:03that that anger was not motivated by hurt and jealousy.
00:52:15No.
00:52:16At that moment,
00:52:18if you'd found out that Paul Adams was married to your ex-wife,
00:52:21would you have been any less furious?
00:52:25I...
00:52:28I don't know.
00:52:30I put it to you that you were filled with anger and jealousy
00:52:33and that you made the decision to fight for custody
00:52:36based more on your own emotional response
00:52:38than on any question of morality.
00:52:40Is that true?
00:52:41No.
00:52:42Thank you.
00:52:44No further questions.
00:52:50Are you sure you're not antagonizing the judge?
00:52:52That old...
00:52:54Just loves to throw his weight around.
00:52:56Don't worry about it.
00:52:58He may be crusty, but...
00:53:00he generally hands down middle-of-the-road decisions,
00:53:04which, in this case, is in our favor.
00:53:06Oh.
00:53:07Well...
00:53:08because, in this kind of case,
00:53:10if you will win, no one will ever know, probably.
00:53:14But if you lose,
00:53:15you'll be all over the front pages of the tabloids.
00:53:18Oh, yeah.
00:53:19Lady loses children over live-in lover.
00:53:22You'll be booked solid in all the daytime talk shows.
00:53:25Great.
00:53:26Please don't worry about it.
00:53:27My point is that Judge Winters hates the heat,
00:53:30doesn't like the press.
00:53:31So his decisions are generally...
00:53:35don't rock the boat.
00:53:38I hope you're right.
00:53:39Personally,
00:53:41wouldn't mind a little coverage.
00:53:47We'll play it safe.
00:53:49Low profile.
00:53:51Good.
00:53:56Here they come.
00:54:00No!
00:54:03Is it true that you're willing to lose your children...
00:54:05Did you understand what's happening in this case?
00:54:08What are they doing here?
00:54:30I don't know.
00:54:31I thought he's been doing a homework.
00:54:33What is?
00:54:34I don't know.
00:54:37In my extensive studies in children's therapy,
00:54:39it's been demonstrated clearly
00:54:41that a major change in a child's basic system of values
00:54:44that occurs during the impressionable years of 7 through 11
00:54:48can cause extensive stress, insecurity,
00:54:52and result in more serious psychological crises
00:54:55when the child reaches puberty.
00:54:57And what might some of these long-range effects be,
00:55:00in your opinion?
00:55:01Oh, delinquency, drug usage, suicide.
00:55:05It's difficult to say.
00:55:06Well, thank you, Dr. Holmes.
00:55:08You're a witness.
00:55:09Dr. Holmes, have you ever met Melinda or Hilary Carruthers?
00:55:14No.
00:55:16No more questions, Your Honor.
00:55:19You may step down, Dr. Holmes.
00:55:24Do you have any further witnesses, Mr. Crenshaw?
00:55:26No, Your Honor.
00:55:27Not at this time.
00:55:28Very well.
00:55:30You may call your first witness, Ms. Patterson.
00:55:33Your Honor, the defense plans to call
00:55:35the two minor children of the party as witnesses.
00:55:38Objection!
00:55:40Since it is the welfare of these two children that is at stake,
00:55:44we would like Your Honor to consider
00:55:45when we could arrange to put them on the stand.
00:55:48I'm well aware of what is at stake, Ms. Patterson.
00:55:51But before the children can testify,
00:55:53I will have to determine their competency because of their age.
00:55:56And that will be dealt with
00:55:57after you've introduced the other testimony you have to offer.
00:56:02It is now four o'clock.
00:56:04Court will recess until nine o'clock Monday morning,
00:56:07at which time the defense may proceed to present its case.
00:56:17You'll be put on the stand on Monday.
00:56:19Can you arrange to be here on time?
00:56:20I'll work it out.
00:56:22Good.
00:56:23Get some rest, too, both of you.
00:56:25I'll call you.
00:56:26Sheila, how do you think we're doing?
00:56:29I never raise my bets at halftime.
00:56:31But okay, I think.
00:56:35What do you think?
00:56:37I think you've got a hell of a lawyer.
00:56:39If we don't win, there's no justice in the world.
00:56:41Is that an unbiased opinion?
00:56:43Nancy?
00:56:46Can I speak to you for a minute?
00:56:47It's important.
00:56:48It's important? Maybe you should talk to her lawyer.
00:56:50Excuse me, this is between me and my wife.
00:56:52She's not your wife.
00:56:54She's not yours, either.
00:56:55Please, stop it.
00:56:58I'll see you at home.
00:57:00It won't take long.
00:57:02All right.
00:57:05Look, everybody's tired.
00:57:08Just make it as short as possible, okay?
00:57:18What is it?
00:57:20What is it?
00:57:26I'd like to find some way to settle this thing out of court.
00:57:33What was your idea?
00:57:35I just don't want the children dragged into it.
00:57:38I don't want to see them go through the same kind of thing on the stand that I went through today.
00:57:42Well, neither do I, but I think it's important that you hear their side.
00:57:45Maybe we can find some way, the two of us, to just work it out.
00:57:49Put aside all our personal feelings and do what's best for them.
00:57:54So what do you think is best for them?
00:57:58Well, I'm not blind or self-centered enough to think that they'd be happier living with me.
00:58:06On Sunday nights, they can't wait to get home.
00:58:09But don't you see, Nancy?
00:58:11I just can't let them live in immoral circumstances.
00:58:16Why can't you just marry Paul?
00:58:19Just marry him, quickly.
00:58:21A legal ceremony if you don't believe in God.
00:58:24I've never stopped believing in God.
00:58:26Why can't you at least have him move out of the house?
00:58:28You can keep on seeing him if you must, but not in front of the children.
00:58:35So that's the way you see it.
00:58:37I think it's fair.
00:58:39Well, I don't.
00:58:42But this is my life now, and I'm going to live it the way I see fit.
00:58:48And if I ever decide to get married again,
00:58:51it will be because I choose to, not because I've been pressured into it.
00:58:55And as far as running around and sneaking in front of the girls,
00:58:59well, I wouldn't even consider it.
00:59:02I don't want those girls to learn anything except how to be honest and open.
00:59:06All right.
00:59:08That's your choice.
00:59:11I made the offer.
00:59:33The girls are asleep.
00:59:35You missed the last chapter, but I promised them I'd read it to you before you dozed off.
00:59:39Good.
00:59:41Reynolds Textile Mills wants me to do my leaf designs in sheets and pillowcases nationally,
00:59:47and dust ruffles and comforters to match.
00:59:49You did it. That's wonderful.
00:59:53Paul, I have worked toward this for over a year and a half,
00:59:57and nothing seems to be very important.
01:00:02I was just thinking that if I were to lose the girls or you, nothing else matters.
01:00:07Nancy, you're not going to lose us.
01:00:09I can't be sure of that.
01:00:11There are no guarantees that you don't lose the people you love.
01:00:15Well, there's one guarantee.
01:00:17We can get married.
01:00:19Oh, come on, let's do it. Let's just blow old Richard out of the water.
01:00:24All right, cancel that. Let's do it for us.
01:00:29Paul, it's just not the right time. It's not the right reason.
01:00:33It's not the right man.
01:00:34No.
01:00:36No, you are absolutely the right man.
01:00:39Why all the hesitation? What's so risky about marrying me?
01:00:42You have something very rare here, a genuine, faithful one-woman man.
01:00:47If I were you, I'd grab me and never let me go.
01:00:52Paul, it's not you.
01:00:53You're the most wonderful thing that's happened to me outside of the girls.
01:00:56It's me.
01:00:58I just want to prove that I can make my own decisions, that I can make it.
01:01:04God, it sounds so cliche, but that's how I feel.
01:01:08I know that.
01:01:11I'm a new kind of man.
01:01:12I mean, they're right about me and Cosmo.
01:01:14You can marry me and still have all that.
01:01:17Sure.
01:01:18Sounds terrific now.
01:01:21But we'll get married and a year from now, I'll be a housewife yelling at the kids.
01:01:26And you'll be a successful doctor, barely having time for us.
01:01:30We'll be arguing about credit cards and where to go on vacation.
01:01:34Well, I don't want that.
01:01:36I'm scared to death that it's going to go sour.
01:01:39I'm just afraid that I don't believe in getting married and living happily ever after anymore.
01:01:47I do.
01:01:49Yeah, you're young and you've never been married.
01:01:53It's not my fault. The woman I love won't marry me.
01:01:56Bob, please!
01:01:59Not now.
01:02:15Hello, John.
01:02:16What do you want?
01:02:17I have absolutely nothing to talk about.
01:02:19I have a meeting in ten minutes.
01:02:21But it won't take long.
01:02:32You seem to be forgetting that this custody business is between you and my son.
01:02:38It does not involve me.
01:02:41Yes, it does.
01:02:42Richard would never have taken it this far if you hadn't pressured him into it.
01:02:46My son was moved by his conscience.
01:02:50His love of God.
01:02:52His children.
01:02:54You say God is love, but there is nothing loving in what you're doing.
01:02:58It's just bringing out unhappiness and guilt in him.
01:03:00I am not interested in your kind of love.
01:03:04What kind of love do you believe in then?
01:03:06The kind that makes a little girl think that her mommy's going to go to hell?
01:03:10A love of God.
01:03:12A belief in family.
01:03:15I might have known that's something that you would not understand.
01:03:18Please don't try to intimidate me. I'm not eight years old and I am not your son.
01:03:22Richard's going to lose even if he wins.
01:03:26He doesn't want custody of the girls.
01:03:29And they don't want to move in with him.
01:03:31He's afraid they're going to hate him if he makes them move away from their home and their mother and yes, even Paul.
01:03:37You're lying.
01:03:39You're lying.
01:03:41No, I am not lying.
01:03:44Richard wants to settle out of court.
01:03:46He said he would drop this case in a second, but the poor man's afraid he's going to go to hell.
01:03:50Get out of here.
01:03:52Get out of here!
01:03:54Don't you see it would be so much better if you would leave Richard alone?
01:03:58What gives you the right to come in here and tell me how to act?
01:04:02Or how to speak to my son?
01:04:05Now get out of here!
01:04:07Get out of here!
01:04:09Huh?
01:04:12Richard.
01:04:17John.
01:04:36Vanessa.
01:04:37Richard.
01:04:38What happened?
01:04:39I came at the office and we argued.
01:04:41Are you Mr. Carruthers?
01:04:42Yes.
01:04:43Would you come inside, please?
01:04:48Nancy.
01:04:50Hello, Wilson.
01:04:51How is he? What happened?
01:04:52Mother.
01:05:00Mrs. Carruthers, come quickly, please.
01:05:09Come on.
01:05:28Why don't you go and sit with your daddy? I'm sure he's lonely.
01:05:31Okay.
01:05:32Mommy, is Granddaddy in heaven?
01:05:36Yes, I'm sure he is, honey.
01:05:38Come on, and Mommy will meet you outside after the service.
01:05:40Okay.
01:05:41Come on.
01:06:08And we now commit his soul to you, Lord, for safekeeping.
01:06:32May he rest in peace.
01:06:34Amen.
01:06:36Come on now, girls.
01:06:38We have to say goodbye to Grandpa.
01:06:40I don't want to see Grandpa.
01:06:42He's dead.
01:06:43He looks like a ghost.
01:06:44It's all right, girls.
01:06:45Just pretend Grandpa's asleep.
01:06:47Come on.
01:06:48Come on.
01:06:49Let me go.
01:06:51Hillary, you mind.
01:06:52Mindy, you too.
01:06:53Come on.
01:07:06I don't want to go to the grave.
01:07:16Mommy, please don't make us.
01:07:23It's necessary, Nancy.
01:07:25It's part of the service.
01:07:27No, Richard, it is not necessary.
01:07:29He was their grandfather.
01:07:32We're going home.
01:07:35I don't understand you.
01:07:37Why are you doing this?
01:07:39You've taken my marriage, my home, my children, and now my father.
01:07:45You've taken everything.
01:07:48I just sat back and let you do it.
01:07:52But not anymore.
01:07:54I'm going to fight you, Nancy.
01:07:57And I'm going to win.
01:08:24Mom?
01:08:31Yes, sweetheart?
01:08:33Your granddaddy wasn't dead.
01:08:37Me too.
01:08:39I'm scared.
01:08:42What are you scared about?
01:08:44Are you going to die?
01:08:48Someday.
01:08:50We're all going to die someday.
01:08:52But I hope it isn't for a long, long time.
01:08:56Not until you and I are little old ladies with false teeth.
01:08:59Okay?
01:09:00Okay.
01:09:02I'm going to stay with you always.
01:09:04Until I have false teeth.
01:09:08I won't ever, ever go away.
01:09:11No.
01:09:13You won't ever, ever go away from me.
01:09:19Go to sleep.
01:09:21Okay?
01:09:25Good night.
01:09:26Good night.
01:09:49Good night.
01:09:50Good night.
01:09:51Good night.
01:09:52Good night.
01:09:53Good night.
01:09:54Good night.
01:09:55Good night.
01:09:56Good night.
01:09:57Good night.
01:09:58Good night.
01:09:59Good night.
01:10:00Good night.
01:10:01Good night.
01:10:02Good night.
01:10:03Good night.
01:10:04Good night.
01:10:05Good night.
01:10:06Good night.
01:10:07Good night.
01:10:08Good night.
01:10:09Good night.
01:10:10Good night.
01:10:11Good night.
01:10:12Good night.
01:10:13Good night.
01:10:14Good night.
01:10:15Good night.
01:10:16Good night.
01:10:18Mr. Crenshaw, what the hell is this?
01:10:31Since when do you give interviews to trash like this in the middle of a trial?
01:10:35I do not give interviews.
01:10:37Oh!
01:10:38When a man's wife throws him out, should he stand idly by while a young stranger moves
01:10:43into the house he paid for?
01:10:44Should he stand by while this freeloader makes it with his wife when his young daughters
01:10:48are in the next room?
01:10:50How much is a man supposed to take?
01:10:52Ask the defendant's lawyer, Mr. Leland Crenshaw.
01:10:56I was misquoted, obviously.
01:10:58Oh!
01:10:59The judge recessed this case because of Reverend Carruthers' death.
01:11:03Not for you to spend time making a big hit in the papers.
01:11:06Oh, come off it.
01:11:07You're just angry because my version hit the stands first.
01:11:10I bet you can't wait to get your feminist propaganda on the six o'clock news.
01:11:14At least I'm using the press for my client's benefit, not for some personal political gain
01:11:19that might lose my client his tutor.
01:11:22I'll see you in court, Ms. Patterson.
01:11:37What do you do, Miss Brent?
01:11:39I teach Hillary's class at school.
01:11:41Have you noticed any change in Hillary's attitude in the last few months?
01:11:45Yes, I have.
01:11:47There's been a marked improvement in her verbal skills.
01:11:50Three months ago, she was slightly below the class average reading level.
01:11:54Now she's almost half a grade ahead.
01:11:57What might account for that kind of acceleration?
01:12:00Evidently, someone's been working with her.
01:12:04Do you have any idea who that might be?
01:12:07Yes, from what Hillary's told me, she's been doing a lot of extra reading with Paul Adams.
01:12:12Do you think that Hillary is a well-adjusted child?
01:12:15Yes, I think she's very well-adjusted.
01:12:18She gets along with her peers, and she seems to be very happy at home.
01:12:22Especially in the last few weeks.
01:12:25In your opinion, has Hillary's improved attitude roughly coincided with Paul Adams moving into the home?
01:12:33Yes, it has.
01:12:35Thank you, Miss Brent.
01:12:39In your opinion, are you a good mother?
01:12:45Yes, I am.
01:12:47On what do you base that opinion?
01:12:51Well, I love my children, and I let them know.
01:12:56When something's bothering them, they feel free to ask me about it.
01:13:01They come first in my life.
01:13:03And if they're sick or they need me, I rearrange my schedule for them.
01:13:10I am a parent, but I'm also their buddy, and that means a lot.
01:13:17What about religious training?
01:13:24They go to church every Sunday with their father.
01:13:27And how's discipline handled?
01:13:30There are rules.
01:13:33They have chores, and if they break a rule, then their privileges are taken away.
01:13:41But on the whole, they're very well-behaved girls.
01:13:44How would you describe their relationship with Paul Adams?
01:13:49Terrific.
01:13:53They love him, and he loves them.
01:13:59He has a tremendous amount of patience, and he takes time to explain everything so that they understand.
01:14:05What do they do together?
01:14:07I think the greatest gift that he's given them is a love for books and reading.
01:14:14They used to be TV junkies, and Paul has gotten them all excited about books,
01:14:22and they hardly ever turn on television anymore.
01:14:25Thank you.
01:14:26One more question.
01:14:28If you had to leave town for a week, would you have any qualms about leaving the children entirely in Paul Adams' care?
01:14:38None whatsoever.
01:14:42Thank you.
01:14:44Your witness.
01:14:49Do you go to church, Mrs. Crothers?
01:14:53No, I don't.
01:14:55You were a regular churchgoer at one time, isn't that correct?
01:14:59Yes, when Richard and I were married, we went to church regularly, yes.
01:15:04And then you had a falling out with the church?
01:15:09I suppose you could call it that.
01:15:11Well, what would you call it?
01:15:13Lapse of faith?
01:15:17I just stopped going to church services.
01:15:19They no longer served my needs.
01:15:22Now, when your children come home from church and they talk about what they've learned, do you reinforce it or contradict it?
01:15:31I stay out of it completely.
01:15:33So you don't talk to them about anything in the areas of religion or morality or right and wrong?
01:15:39These are areas that are not discussed, is that right?
01:15:41No.
01:15:43We definitely talk about what's right and wrong, only not in religious terms.
01:15:47Now, you've told the court that you love your children and that you would do anything for them, is that right?
01:15:54Yes.
01:15:55And yet, you risk losing them in order to sustain a relationship with your boyfriend, isn't that right?
01:16:03I don't think I'm doing anything wrong, and I don't think that I have to lose anyone.
01:16:09Just answer the question, Mrs. Crothers.
01:16:12The real question that I think you're asking is if I love my children, and the answer is yes.
01:16:18I do love my children.
01:16:22You're not responding to the question, Mrs. Crothers.
01:16:25When Mindy was born, she weighed three and a half pounds, and she almost died.
01:16:31I would have given up my life to save her, and at this very moment, I would give up my life to save either one of those girls.
01:16:37Mrs. Crothers, you've been divorced for two years now, is that right?
01:16:43Yes.
01:16:46And in the last two years, between your marriage and your current roommate, have you had any other sexual relationships?
01:16:55Objection!
01:16:57Your Honor, that question is irrelevant and immaterial to the issue before the court.
01:17:02Hold.
01:17:04I'll repeat the question, Mrs. Crothers.
01:17:08Did you sleep with anyone during the two years between your marriage and your current roommate?
01:17:17Answer the question, Mrs. Crothers. A simple yes or no will do.
01:17:22In the two years, did you go to bed with anybody else?
01:17:34Yes.
01:17:36Thank you.
01:17:39No more questions.
01:17:41I have another question, Your Honor.
01:17:44Proceed.
01:17:46Mrs. Crothers, how many times in that two-year period did you go to bed with someone?
01:17:53Only once.
01:17:54Thank you.
01:17:55No further questions.
01:18:03Would you say you were good with children, Mr. Adams?
01:18:06I guess so.
01:18:08I think I'm good with Hillary and Mindy.
01:18:12To what do you attribute that?
01:18:16I love them.
01:18:18I know what they like, what they think, what they think is funny.
01:18:24Do you discipline them?
01:18:26Well, we go on more of a reward system.
01:18:29If they finish their homework early and get ready for bed, then I read them a story, things like that.
01:18:35So it's more a parent-child relationship?
01:18:39Almost.
01:18:42You've taken on some of the responsibilities for the girls.
01:18:45Yes.
01:18:46I think if anything happened to their natural parents, I wouldn't hesitate to take full responsibility for them.
01:18:53Thank you.
01:18:55Your witness.
01:19:00Are you a religious man, Mr. Adams?
01:19:04I would say so, yes.
01:19:06What religion do you belong to?
01:19:08None in particular.
01:19:09Do you attend church services?
01:19:11No.
01:19:12And yet you call yourself religious?
01:19:15Well, I'd say I've kept the heart of religion and discarded the trappings.
01:19:21Well, I suppose in your own form of religion, you have a system of values, a moral code?
01:19:28Yes.
01:19:29And in this system, it's all right for two people to cohabit without the sanction of marriage?
01:19:36If they love each other, yes.
01:19:38Are you aware that fornication, defined as sexual intercourse between unmarried people,
01:19:44is a crime in this commonwealth punishable by up to three months in prison?
01:19:53No, I didn't know that.
01:19:56Well, I assume you know it now.
01:20:01Would it be accurate to say that in your system of values, it's all right to break the law if you love somebody?
01:20:08That particular law, yes.
01:20:10I don't think there's anything wrong with two adults having a sexual relationship outside marriage.
01:20:15Do you teach Hillary and Melinda Carruthers that it's all right to break the law under certain emotion-dictated circumstances?
01:20:21No.
01:20:22No, I don't make that kind of decision for them.
01:20:24But you demonstrate by your behavior that it's a person's right to choose whether or not to obey the law.
01:20:30Am I right?
01:20:31No.
01:20:32No, I've never discussed this particular issue with them, but if I did,
01:20:37if I did, I would tell them that each person has a right to choose which laws coincide with her own values,
01:20:43and then act accordingly.
01:20:45That's what civil disobedience is all about.
01:20:47Oh.
01:20:48Please confine your responses to direct answers to the questions.
01:20:58All right.
01:21:03You said you're in the habit of reading the girls' bedtime stories.
01:21:08Is that right?
01:21:09Yes.
01:21:10After they're ready for bed, you said?
01:21:13Yes.
01:21:14In other words, while they're in their nineties?
01:21:17Pajamas, usually, yes.
01:21:19Well, where do you usually read to them?
01:21:22In their room.
01:21:23In their bedroom?
01:21:25Yes.
01:21:27Precisely where in their bedroom?
01:21:30Usually, we sit on one of the beds.
01:21:32Do you think, according to your system of values,
01:21:36that it's appropriate for two little girls to sit in bed in their pajamas with a man who's no relation to them?
01:21:45Yes, I think it's the most appropriate way to read a bedtime story.
01:21:51No more questions.
01:21:54You may step down.
01:21:57Thank you.
01:22:03Any further witnesses other than the children?
01:22:07No, Your Honor.
01:22:08Well, I've given careful consideration as to whether or not the children should testify.
01:22:14And I've determined that it would be in their best interest to have them do so.
01:22:18Have them in the courtroom tomorrow morning at nine o'clock, at which time the court will reconvene.
01:22:24The court will now recess at this time.
01:22:31Do we get to miss school tomorrow, too?
01:22:34I don't know.
01:22:35I suppose it depends on what the judge has to say.
01:22:38What am I supposed to say in there?
01:22:40Well, you just tell the truth when someone asks you a question.
01:22:43That'd be great.
01:22:45You came in?
01:22:46Yeah.
01:22:47Okay.
01:22:48Let's go.
01:22:51What is your name?
01:22:53Hillary Carruthers.
01:22:55How old are you?
01:22:56Ten.
01:22:57What grade are you in?
01:22:59Fourth.
01:23:01And do you know what it means to tell the truth?
01:23:04Yes.
01:23:06Well, can you tell us?
01:23:08It means to say just what really happened and not make it up.
01:23:13That's very good.
01:23:15Do you know what the consequences of not telling the truth might be?
01:23:19Yes.
01:23:20You feel bad, and you have to tell your mom, and then you get in trouble.
01:23:26Thank you.
01:23:29It's the determination of this court that the witness is competent to testify.
01:23:34You may proceed, Miss Patterson.
01:23:37Thank you, Your Honor.
01:23:40Hi.
01:23:43We've never met before, have we?
01:23:46No, I don't think so.
01:23:48That's right.
01:23:49Don't be nervous.
01:23:51Tell me how you like living with Paul Adams.
01:23:54I like it a lot.
01:23:56Tell me about it.
01:23:58We have a lot of fun.
01:23:59Paul likes to play with us and read to us, and he talks to us just like we were real.
01:24:04Like you were real?
01:24:06Yeah, like we were regular people, not like little kids.
01:24:11You go see your dad on Sundays, right?
01:24:14Yes.
01:24:16Would you like to live with your dad all the time?
01:24:28I like Daddy, but I wouldn't want to live with him all the time.
01:24:39And aside from the fornication law, which I referred to earlier,
01:24:42this case is also governed by the 1946 case of Shearer v. Shearer,
01:24:46in which the woman lost custody of her two daughters, aged 6 and 11,
01:24:51because she was living with the man to whom she was not legally married.
01:24:55This case still stands in this Commonwealth and is good law on this point.
01:25:00Therefore, we request the court to find in favor of the plaintiff, Mr. Richard Carruthers,
01:25:06and grant him custody.
01:25:09Ms. Patterson?
01:25:10Thank you, Your Honor.
01:25:12The real issue here is the welfare of the children.
01:25:16The burden of proof rests on the plaintiff to demonstrate that there is clear evidence of harm
01:25:20or possible future harm to the children's welfare.
01:25:23I mean, this he has completely failed to do.
01:25:25It is clear that the children in their present circumstances are happy, well-adjusted,
01:25:30and doing well in their schoolwork.
01:25:33The presence of Paul Adams is clearly a beneficial one,
01:25:37as witnessed by all parties involved, including the children's teachers.
01:25:41It seems very unjust to uproot these children from their home
01:25:46and completely disrupt their lives simply on the basis of a case that is 36 years old.
01:25:52We therefore ask the court to rule in favor of the defendant
01:25:56and let the children remain in their home under the custody of their mother.
01:26:03Does either counsel have anything further to submit to the court?
01:26:06Nothing further, Your Honor.
01:26:08We're happy to submit on the evidence, Your Honor.
01:26:11The court will recess now to make its decision.
01:26:14We will reconvene in one hour.
01:26:17Court is hereby recessed until 4 p.m.
01:26:20Are you sure?
01:26:21Yes, I'm sure. I just don't want him to be here when he makes his decision.
01:26:25I don't think you should be alone either.
01:26:27I'll be all right. I'll just tell him to be home.
01:26:29Well, I'll take the kids home and I'll wait there until you get back.
01:26:31Paul should be with you.
01:26:32I don't want to go home.
01:26:34Don't argue.
01:26:36Just go with Aunt Jane, okay?
01:26:37Come on, you guys. Your mother's got a lot on her mind.
01:26:39Did I say something wrong to the judge?
01:26:42Oh, Minnow.
01:26:46Of course not.
01:26:49You were wonderful.
01:26:51Mommy's very proud of you.
01:26:53You too, Hilly.
01:26:55I'm proud of both of you.
01:26:59I'm just a little nervous right now, okay?
01:27:03You go home with Aunt Jane and Uncle Phil, okay?
01:27:06Kiss your mama good-bye.
01:27:08Okay.
01:27:11Good-bye.
01:27:13Good-bye, Mommy.
01:27:15I just want to say that I think Sheila and Allison did a terrific job.
01:27:20And we've got some champagne in the fridge.
01:27:22When you get home, give me a ring. I'll bring it over.
01:27:24We'll celebrate, okay?
01:27:25Okay, great.
01:27:26Thanks for being with you.
01:27:28Okay?
01:27:30Bye-bye.
01:27:48All please rise.
01:27:50The Probate and Family Court of the Commonwealth of Massachusetts, County of Suffolk, is now in session.
01:27:57The Honorable Preston Winters, Judge, presiding.
01:28:00Be seated and come to order.
01:28:07The court is prepared to give its ruling at this time.
01:28:10The court is well aware of the case of Scherer v. Scherer.
01:28:14In the court's opinion, that case is controlling in connection with the present facts.
01:28:20Simply because the case is 36 years old does not affect its applicability in the matters before this court.
01:28:27As a counsel for the plaintiff so aptly put it,
01:28:31the mother and her boyfriend are not married,
01:28:34and the consequent public scandal of their living under the same roof
01:28:38provides an atmosphere of immorality,
01:28:41which is unhealthy for the children.
01:28:43Therefore, it will be the order of the court
01:28:46that the custody of the two minor children,
01:28:49Hillary and Melinda Carruthers,
01:28:52which currently rests with the defendant, Nancy Carruthers,
01:28:56be revoked and awarded to the plaintiff, Richard Carruthers.
01:29:00No!
01:29:02Order.
01:29:05You told me this couldn't happen.
01:29:07I didn't think it could.
01:29:08Then do something!
01:29:10Your Honor, may we approach the bench?
01:29:14Yes, you may.
01:29:21I have a little question to make.
01:29:41I think I could go along with this.
01:29:43What about you, Mr. Crutcher?
01:29:45Well, I'll have to talk to my client and see what he says, but...
01:29:49personally, I'd be very amenable to a suggestion.
01:30:02That's good. That was my time. That's good.
01:30:06That's good.
01:30:10You only get one chance.
01:30:12No, I have my own rules.
01:30:14No, no, no, you guys play by your own rules.
01:30:22Do we have to go live with Daddy?
01:30:24What happened?
01:30:26Well, the judge made a decision that Hillary and Mindy should live with their father.
01:30:30I don't want to go. They can't make me.
01:30:33Wait a minute.
01:30:35Wait just a minute, girls.
01:30:40Sheila asked the judge if he could wait until tomorrow before making his final order.
01:30:46So we could talk about a few things.
01:30:48What does that mean?
01:30:50Well, he said I can keep the girls if Paul moves out.
01:30:56Or if we get married.
01:31:00So, Mommy made a decision.
01:31:06I realized I've been thinking about me and not enough about us.
01:31:15And I know you're the most important thing in the world to me.
01:31:21I love you.
01:31:24And I need you.
01:31:28Everyone needs someone.
01:31:31And I don't want to be alone.
01:31:36Besides, I have a feeling that if I ask Paul to move out, I might be the most unpopular mommy in the neighborhood.
01:31:46Then we won't have to go live with Daddy?
01:31:51If Paul still wants to marry me.
01:31:59You bet I do, lady.
01:32:05Yeah.
01:32:06Oh, yes.
01:32:11I think we should all go out and celebrate.
01:32:13You two go get your coats.
01:32:15You just want to sleep so you can kiss Mom.
01:32:19Smart girl.
01:32:21Mommy, I'm glad I didn't have to go live with Daddy.
01:32:27I wouldn't have gone anyway. This is free country and I'm a free child.
01:32:32Me too.
01:32:34Okay.
01:32:36Come on, ladies.
01:32:38Let's call Uncle Phil.
01:32:47Are you sure you want to do this?
01:32:49Are you sure you're not doing it just for the kids?
01:32:51Because I could still move out.
01:32:54I want to have a marriage of convenience.
01:32:58Of course, I'm sure.
01:33:01I suppose I should have done this a month ago.
01:33:03We talked about this a month ago.
01:33:05I know, I know. I had to fight for what I believed in.
01:33:10It was a good fight.
01:33:13I'm proud of you.
01:33:17I love you.
01:33:21I love you too.
01:33:24I love you too.
01:33:27Thanks for not giving up, do you? That's what I wanted.
01:33:53I love you.
01:34:23I love you.
01:34:53THE END

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