Title: Pronouncement
Author: Deemus
Disclaimer: They aren’t mine. I’m only borrowing them for a bit, and I’ll return them as soon as I’m done.

Prompt: What if the judge told Harm that he could only get custody of Mattie if he were married? (suggested by MACS)

Rating: OK for anyone

Spoilers: Up to and including A Merry Little Christmas, season 9

Wordcount: About 4800 words


**********


“Forget about it. This is too important for you to screw up.” Harm picked up his cover and turned away with a disgusted look. He stalked out of Mac’s apartment, shutting the door firmly behind him.

Mac stared after him in amazement, never dreaming he would walk out on her so quickly. What a miserable day it had been. Even the weather was cold and dank. Webb had called less than an hour earlier, saying that he wouldn’t be able to take her to the elegant dinner he had promised for Christmas Eve. His mother needed him to help with her Christmas Eve reception. Not Sarah, of course, just Clayton. Mac was offended and disgusted, and feeling rather lonely at now having no Christmas Eve plans. She wasn’t, she realized, deeply hurt, just annoyed at having Webb cancel at the last minute again. At least this time, she had prior warning; there had been times when he simply didn’t show up.

Mac had wanted to continue the conversation Harm had so abruptly ended. She was still smarting from Webb’s unexpected change of plans, but she had been glad to see Harm at the door. She had been surprised to hear about his intentions of becoming a guardian for a teenage girl, but she had wanted to hear more, had expected to hear more. Why had he given up so suddenly? What had happened? Where was her best friend of all those years? Was there nothing left of the friendship—and maybe more—that had been between them? In all the years of bantering and poking at each other, Harm had never backed off so quickly. He usually didn’t back off at all. She hadn’t been that discouraging, had she? Maybe she had. Did he really think she wouldn’t do whatever she could to help him?

Mac stared at the Christmas tree, the lights all blurry because of her tears. Harm was going to be a father without her, it seemed. He hadn’t picked up on her mention of the baby deal; maybe he had never planned to keep that particular promise. She felt lonely and lost. The argument with Harm, she realized, bothered her much more than being stood up by Webb.

She thought back at all the times she had seen Harm with children. There was Dar-linn, frightened and alone after her sister’s murder. There was Luke Pendry, needing a father even though his mother resisted anything to do with the airplanes that both he and Harm loved so much. There was AJ, their godson, who adored Harm and raced to him and jumped into his arms whenever he saw him. Yes, Harm would make a wonderful father. Hadn’t she wanted him for a father for her own child, back when they made the deal? Didn’t she still want that, even after everything that had happened in the last year? It didn’t look like that was ever going to happen, especially not after this latest falling-out.

She had never thought of Webb as a potential father. The relationship with him, such as it was, had not seemed to be the sort that would be enriched by children. It really had been, as she thought back about it, created out of a mutual terror and stress of a shared operation which would have ended in both their deaths had it not been for…Harm. There it was again. Harm. Everything she did, everything she thought, came back to him.

Mac walked over and stared out her window. Where was Harm now? Would he ask someone else to speak for him? Who else knew him the way she did? Who was this little girl who so needed a home? He had said that the hearing was tomorrow, the day before Christmas, at the Juvenile and Domestic Relations Court. She could go there. She would testify for him, and convince the judge that Harm would make a good guardian for the child. She didn’t have much in her life at the moment, but at least she could give Harm a hand in something.

* * * * *

“Your Honor, there’s a character witness who would like to be heard, a Lt. Colonel MacKenzie,” intoned the court officer. He turned back to Mac and held the door open for her. She took a deep breath, then entered.

Harm turned to look at her. Mac could see the surprise, and maybe some worry, in his eyes, and felt a stab of regret. Could he really think she would come all this way to say something negative? How had things between them gotten so bad?

“Your Honor,” Mac began, “I’ve been a colleague of Commander Rabb for 8 years. I have the highest level of respect for his honor and integrity.”

“What is your opinion of his suitability as a guardian for Mattie Grace?” asked the judge.

“Highly suitable, Your Honor.”

“On what do you base that opinion?”

Clearly and steadily, Mac told about Harm’s efforts to help children that life had treated unfairly. She mentioned Dar-Linn, after her sister Annie’s murder. She referred to Josh Pendry and Harm’s attempts to provide a male figure in his life. She even told about how their godson AJ eagerly sought Harm’s attention.

When Mac had finished, the judge nodded thoughtfully, then asked, “What else can you give me?”

“I’ve given a lot of thought to the kind of man I would want to be the father of my children, if I ever…” Mac paused for breath, trying not to think of how unlikely it would be now that she would ever have any children of her own. She willed her eyes dry and her voice calm. “Commander Rabb is that kind of man, your honor. I can’t prove it to you, I can only state without reservations that he is up to the job.”

“Thank you, Colonel MacKenzie,” said the judge as Mac sat down at the back of the courtroom. The judge then looked at each of the men in turn. “You both make compelling cases for custody, but there are questions in my mind about either possible arrangement. Mr. Johnson, you say you are getting your life together, but I haven’t seen any proof of your success yet. You say you left Mathilda with relatives, but you didn’t check up on her, or get in touch with her or the relatives to see how she was doing. As a result, she was left on her own for almost six months. This raises serious doubts that you are ready to take care of her.”

The judge then turned to Harm. “Commander Rabb, your lack of experience with children, plus the responsibilities of your profession, make you equally questionable in my mind. In addition, it is an unfortunate fact in our present society that a single man petitioning to adopt a teenage girl is looked upon with great suspicion. If it weren’t for your excellent credentials as an officer, that condition alone would cause me to turn down your request.

“I will have to consider this case further before I decide. I will place Miss Grace in temporary foster care for a period of two weeks. At that time, I will render a temporary decision. We will reconvene this hearing two weeks from today. If any circumstances change for either of you before that time, please inform me immediately.”

As Harm and Mattie rose and prepared to leave, the judge called them up to the bench. “Commander, as odd as this may sound, if you were married, the decision would be an easy one in your favor. Not only would Mathilda be going to a family unit, but you would have in place an arrangement for care if you were suddenly called elsewhere for duty. It is very commendable that you wish to care for a young person who needs help, but public perception of a guardianship of that sort would almost certainly be negative.”

Harm looked somewhat stunned as he and Mattie gathered their things and turned toward Mac. Mattie was clearly upset, and dabbed at her eyes with a tissue.

“I don’t want to go to foster care. Why can’t I just go home? It’s Christmas! I don’t want to go to strangers at Christmas, and why would anyone want someone they didn’t know coming right now?”

Mac didn’t know what to say. Mattie was in a tough situation, and it seemed as if Mac’s testimony hadn’t been enough to turn the judge in Harm’s favor. The three of them left the courthouse together, no one knowing quite what to say. Harm thanked Mac again, then he and Mattie climbed into his Lexus. Mac slowly walked to her car, wondering if there were anything else she could do. She couldn’t get the judge’s words from her mind: ‘ …if you were married….’

* * * * *

Mac left the sanctuary of the church as the last strains of Joy to the World floated out into the chilly air. Just ahead of her, Mattie gave Harm a quick hug, then hurried with her head down toward a battered pickup truck. Grace Aviation was lettered on the side. Harm stared after her, a desolate look on his face. Mac walked over to him.

“She’s off to the foster family?” Mac asked.

“Yes. She was able to stay long enough to come to church with me tonight. I tried to get permission for her to spend the holiday either with me or with her father, but the judge said no, that was no longer an option.”

Mac looked after the departing truck for a moment, then said to Harm, “Do you think her father will be able to get his act together enough to take care of her?”

“It’s not just her father getting himself straightened out. Mattie is convinced that her mother’s death is her father’s fault. She says she’ll never forgive him, and she wants nothing to do with him.”

Mac studied Harm’s face. “You sound as if you’re not sure it is his fault.”

“I only know what Mattie has told me. She says he got behind the wheel when he was drunk, and caused the crash that killed her mother. There must be more to it than that, though. He didn’t serve any jail time, and as far as I know, he was never even arrested for it. Legally, at least, he apparently wasn’t culpable.”

“Now that he’s back in the picture, and trying to put his life back together, wouldn’t it be good if they could iron out their differences? You, of all people, understand the importance of having a father.”

“Yes, that would be best for both of them, but I’m not sure if Mattie would accept it.”

“And even if she did,” Mac added, “if Mr. Johnson is indeed an alcoholic, he’s not ready to step right in and care for a teenager. It’s hard enough to get yourself straightened out without having to care for someone else, too.” She reached out and laid her hand on Harm’s arm. “I wish I could have done more, Harm. I know you’d make a wonderful father for Mattie.”

Harm shook his head and chuckled mirthlessly. “Thanks, but I guess you can’t fix my fatal flaw. I’m alone.” He glanced up at her, then back down at the ground. “On the other hand, maybe you could. We could always get married. That would give me the inside track with the judge.”

Mac was silent with shock for a moment, then pulled herself together and said, “That was the judge’s suggestion, wasn’t it? Wouldn’t she be surprised if you really did it?” She was finding it hard to keep her voice steady.

The parking lot was beginning to clear out, as people headed off home to continue their Christmases. Harm stood beside Mac for a few more moments before saying, “I guess it’s time to head to The Wall to visit my father. See you at work on Friday?”

“No, not Friday,” answered Mac. “I’ve got the day off. See you Monday.”

* * * * *

Mac had planned to sleep late the next morning, but she woke up early and thought about the events of the previous day. She wished again that she had been able to do more to convince the judge that Harm would make a suitable guardian for Mattie, and she wondered how the teenager was doing in the temporary foster home.

The idea her mind kept returning to, however, was Harm’s kidding proposal. At least, she thought it was kidding. It must have been. Wouldn’t Harm have been surprised if she’d said yes! But what a strange thing for the judge to say!

Not long before lunch, the phone rang. It was Clayton Webb, suggesting dinner for the next evening. Nothing for Christmas Day, Mac noted, just for dinner tomorrow. Suddenly she was tired of it all. Webb wasn’t worth it. She was conveniently put on the back burner when something else came up—a top-secret trip, a summons from his mother. Sometimes he didn’t call, he just didn’t show up. He figured she would “understand” the pressures and responsibilities of his work, he told her.

“No thank you, “ she told him shortly. “I’m going to be out of town for a couple of days anyway, but enough is enough here.”

“We’ll go out after you get back,” stated Webb confidently. “Where are you going?”

Mac was tempted to tell him it was classified, but she realized she wasn’t even interested in making a mild joke. “I’m flying up to see Chloe for a couple of days.”

“Have a good trip, and we’ll have dinner when you get back.” Webb hung up immediately, not giving Mac a chance to decline again. Mac shook her head in disgust, realizing that Webb only heard what he wanted to hear.

* * * * *

Mac was early into JAG ops on Monday morning. She sorted through some accumulated files on her desk, then went out to refill her coffee. As she was pouring, Harm came through the door, and stopped to say hello. He looked tired and stressed.

After brief greetings and comments about the weekend, Mac asked, ”Have you heard anything from Mattie?“

“I talked to her on the phone a couple of times over the weekend. She’s not very happy, although at least the foster home seems like an OK place.”

“I do wish I could have done more, ”Mac said quietly.

“I really appreciate what you did do,” answered Harm. “You sure you don’t want to get married?”

He’s saying that kiddingly, Mac said to herself. He must be. “What, there’s no one else in line ahead of me?” she asked, pretending to be serious.

“Nope. You’re the leading prospect. The only prospect, in fact.”

“It is almost time to make good on the baby deal,” Mac mused. “We could kill two birds with one stone, in a manner of speaking.”

“We could. We’d also be sharing Mattie, so we’d have a head start on parenting.”

Mac opened her mouth to make some humorous, dismissive remark, but she was astonished to hear herself say, “Okay, I will.”

Harm looked astonished, too. Then he looked delighted. “Great! Let’s do it, then. When, and where?”

“I’ll have to check my calendar,” Mac mumbled, still shocked at what she’d said. “I also have to figure out all the new files on my desk, so we’ll have to talk later.”

“Lunch?” Harm asked.

“Um, okay I think. If I don’t get bogged down in paperwork.”

Mac escaped to her office, shutting the door behind her. What on earth was she doing? What on earth had she done? Had she really agreed to marry Harm?

Mac firmly turned her mind to the files on her desk, and worked diligently…for a few minutes. Then she had to stop to think about what she should do. Could she really marry him? Was she going from being lonely by herself to being lonely and married? Was there such a thing? Would it be better to be married to someone she loved fiercely—and she admitted that now, she did love Harm—when it was a marriage of convenience for him, than to sit around alone, listening to her biological clock tick? Could she stand to love him so much, when to him she was just the means to get guardianship of Mattie? She couldn’t imagine finding anyone else she would love the way she loved Harm, but what if he found someone? Would he resent being trapped?

Mac managed to wade through several of the new folders before lunch time, but she wasn’t sure she remembered what was in them. She stretched and was reaching for her coat when she heard a voice, a most unwelcome one.

“Well, Sarah, I see you’re all ready to go to lunch with me. I got in too late last night to call you.”

“I got back late, too. But I already have plans for lunch.” She tried to brush past him, but he put out his arm possessively.

“Then change them.”

“Excuse me,” Mac said firmly, removing herself from his half-embrace. Just then, Harm came around the corner from the elevator.

“Let me grab my coat and I’ll be ready,” Harm told her, turning toward his office.

Webb scowled at Harm’s back, then looked back at Mac. “Just lunch with Rabb? He’ll understand. This is important.”

“My lunch plans are important, too,” Mac replied. “Goodbye, Webb. I’m busy.”

Harm came out of his office, pulling the door shut behind him. Mac turned away from Webb and smiled at Harm. “Let’s go. I’m hungry.”

As the elevator doors shut and they started down, Harm turned to Mac and asked, “What does Webb think about your wedding plans?”

“He doesn’t know anything about them. It has nothing to do with him.”

Harm looked at her questioningly. “You were going out with him at one time, weren’t you?”

“We went out a few times, he stood me up a few times, and I realized that it wasn’t something that would ever work. Especially when he decided, on Christmas Eve, that his mother’s reception was more important than the dinner we were going to. Of course, his mother didn’t want me there, just Clayton.”

“He’s crazy!” Harm exclaimed. “He broke your date to go alone to his mother’s? Totally, certifiably crazy.”

They walked into the parking lot and to Harm’s car. “Where would you like to go for lunch?” Harm asked her as he wheeled smoothly through the security gate and onto the street.

“Oh, I don’t know. Maybe Chinese? That new place out by the highway has a good lunch buffet.”

“Works for me.”

There was a slightly awkward silence until they were seated in the little Chinese restaurant a few blocks from JAG ops. The server took their drink orders and directed them to the buffet tables. Mac didn’t really see what she was loading on her plate, but it was full when she got back to their table.

After Harm sat down and spread the napkin on his lap, Mac drummed up her courage and started, “Were you just kidding when you asked—“

“I was absolutely serious. I AM absolutely serious.” Harm looked directly into Mac’s eyes. “If you meant it, too, and weren’t just in a snit at Webb, let’s figure out what’s going to happen when.”

Mac wasn’t sure where to begin. Was this right? Was she just letting herself in for even more hurt and disappointment? Would she just be Harm’s built-in baby sitter?

“How convenient will this marriage of convenience be?” Mac asked, finally. “Should we just tell the judge we’re engaged, then get married if she accepts your application for guardianship? If that’s not enough, then you’d be off the hook, as far as getting engaged. This is all happening so fast, and it all came out of a clear blue sky.”

Harm looked a bit uncomfortable. “It’s a rush because of what the judge said, but I hope everything else will be like a regular marriage. We’ve been very close friends for years, and I like to think we’d be good as a couple and as parents. I’d like to get married anyway, and if Mattie can’t be a part of our family, we’ll still have each other.” He chuckled slightly. “Believe me, I’ll never choose my mother’s reception over dinner with you!”

Mac appreciated the light comment lifting the air of tension at the table. Marrying your best friend surely wasn’t the worst fate in the world, and there didn’t seem to be any other viable candidates for marriage and shared parenthood lurking in the corners.

“All right. We’ll do it,” Mac said. “When is the hearing for the decision?”

“The hearing is next week Wednesday, but I would need to contact the judge earlier than that, so she would take it into account when she makes the decision.”

Mac pulled her pocket calendar from her purse and opened to the current week. “Well, New Year’s Eve is Wednesday, so we could do it then, or New Year’s Day, or one of the days on the weekend. We’ll also need to tell the Admiral, and that may be a sticky situation.”

“We haven’t fraternized yet,” said Harm, “so we shouldn’t be in too much trouble.”

Mac ignored the comment, but her cheeks got a little pink. “Let’s see if Chaplain Turner is free on one of those days. Probably Bud and Harriet could be witnesses. We could just do it in a nice restaurant somewhere, then have dinner.” She snapped the calendar closed. “Planning a wedding is no trouble. Just let the Marines do it.”

* * * * *
When Mac got home from work that evening, she changed into comfortable sweats and rummaged in the refrigerator for something to eat. She had gotten a little work done in the afternoon, simply by forcing her mind to focus. Harm had left mid afternoon for a meeting, so at least she hadn’t run into him at the copier or anything.

She had just relaxed on the couch with a sandwich and a cup of tea when the phone rang. Mac glanced at the caller ID and groaned when she saw Webb’s number. She debated not answering, but then decided to get it all over with.

“Sarah, I’m glad you’re finally home,” came Webb’s voice in answer to her not-very-enthusiastic greeting. “Where have you been?”

“It’s called work, Webb. Many of us have to show up and put in the time.”

Webb ignored her tone. “I really needed to talk to you today, and I was annoyed that you went to lunch with Rabb. I’ll be over in a few minutes to take you out for dinner.”

“Don’t bother,” Mac replied. “I’m not interested. Not tonight, not tomorrow night, not ever. I’m tired of being stood up, and tired of being the one who counts less than most anything else that comes up. Enough already.”

Webb simply ignored her, continuing with his dinner plans. “Would you rather go to the Italian place, or would you prefer Benziger’s? You can decide when I’m on my way over, and we’ll call in a reservation from there if we need one. I’ll be there in about twenty minutes.”

”NO!!” exclaimed Mac. “No, no, no! I’ve had enough. I don’t want to go out with you.”

There was a moment of silence. Then Webb said calmly, “I’ll talk to you later, when you’re in a better mood.” He hung up.

Mac shook her head in exasperation, then hung up and went back to her meal.

About fifteen minutes later, there was a knock at the door. Mac went and opened the door, then stood there, staring at a huge bouquet of deep-red roses, a bouquet with long, navy-blue clad legs supporting it. Harm’s face peered around one corner, and Mac stifled a giggle.

“Good grief, Harm. Did you hold up a florist?”

Harm edged carefully into the room, trying to maneuver without tripping over anything. “These probably could use some water. Do you have a vase big enough?”

Mac led the way into the kitchen, and dug out her largest vase. She set it on the counter, and helped Harm arrange the beautiful blooms. Harm seemed intent on the task, but Mac got a sense of unease from him. It made her begin to get tense. Was something wrong? Maybe he’d realized how strange this plan was. Maybe he’d brought the roses to soften the blow when he cancelled everything. She felt her spirits plummet. This would be about the shortest engagement in history.

“Harm, I thought you had a late meeting,” she started. “Why—“

“It got over sooner than I expected, so I decided to stop by. I thought maybe you’d like some flowers, you know, to celebrate.” He took a deep breath, avoiding her eyes.

Now she was sure something was wrong. She bit her lip, unable to think of anything to say.

“Mac, I thought back about everything we said today.”

Oh, no, here it comes, she thought. She felt a sting of tears in her eyes.

“It all sounded like just an arrangement for convenience, like you were just doing me a favor so I could get custody of Mattie.” Harm raised his eyes to hers, taking a deep breath. “It isn’t that. Yes, the timing is convenient, but I never would have suggested it if I hadn’t wanted to be with you anyway. I would never marry someone, even a best friend, just for convenience. Mac, I really want this, and I want to make you happy, too.”
He watched her anxiously.

Mac’s heart lifted, and a smile lit up her face. The gush of relief that swept through her was so great that she couldn’t speak. She closed the distance between them and wrapped her arms around his waist, burying her face in his shirt front. His arms immediately encircled her, holding her snugly against him. His cheek rested on top of her head. After a moment, he moved his head to the side, and leaned forward so his cheek was rubbing on hers. He unwrapped one arm to slip his fingers under her chin, tipping up her face toward him. Very gently, he set his lips against hers.

Mac felt both dazed and exhilarated.. It really is true, she thought in some surprise. Your knees really can get weak from getting kissed by someone you want to get kissed by. She edged closer, tightening her grip around his waist.

Several minutes later, Mac backed away a step to catch her breath. “Well, I guess that answers my question,” she said.

“What question?” Harm asked, looking slightly dazed himself.

“Was I just going to be a built-in baby sitter? Was this just two friends deciding to share another project?”

“That’s two questions,” Harm pointed out.

“No, just two sides of the same one. But I have the answer…I think.”

* * * * *

On Wednesday of the next week, Mac and Harm were back in the courtroom, along with Mattie, her father, and the judge. This time, Mac sat at the table with Harm and Mattie, and there was an air of confidence from all three of them.

“This hearing is just a formality now, as conditions have changed a great deal in the last two weeks. Congratulations, Commander Rabb and Colonel MacKenzie, on your recent marriage. Commander, you now have a family unit, with support and backup for parenting. Colonel MacKenzie’s background check showed an exemplary record, just as yours did. In addition, you have very properly stated a desire to help bring Mattie and her father back together, as soon as conditions are right.”

The judge turned to Mr. Johnson. “I offer congratulations to you, too. You have very properly realized that you are not yet ready to maintain a home and care for a teenager. After you finish your program of rehab, you will be able to have visits with your daughter, and it is hoped that you will work your way back to being a full-time father. Thank you for your willingness to let Commander Rabb and Colonel MacKenzie take temporary custody of Mattie.”

Harm, Mac, and Mattie left the courtroom together. Mac felt like she was walking on air. She could hardly believe the changes in her life. In just two weeks, she had acquired a husband and a daughter, and soon, with luck, they would find a house to buy. She smiled in delight at Harm and at Mattie, seeing smiles of the same sort on their faces. It was truly a wonderful day.