“Next, we file an emergency motion to freeze all assets until we can conduct a complete financial investigation. And, Mrs. Gillian, we’re going to need Emily’s testimony about the conversation she overheard.”
“Emily’s testimony? She’s eight years old.”
“Eight-year-old witnesses are more common than you’d think in divorce proceedings, especially when they’ve observed financial planning meetings or conversations about hidden assets. Children often see and hear things that adults assume they’ll ignore or forget.”
I thought about Emily, about her serious attention to adult conversations, about her protective instincts toward me, and her anger at Robert’s meanness. She was mature for her age, but asking her to testify against her grandfather felt enormous.
“Would she have to appear in court?”
“Possibly, but we’d request a private meeting with the judge rather than open court proceedings. Mrs. Gillian, Emily’s observations are currently our strongest evidence of your husband’s premeditated fraud.”
That evening, I sat down with Emily and Jessica to explain the situation carefully. Jessica’s reaction was immediate and explosive.
“Dad has been hiding money for how long?”
“I don’t know yet. The lawyer is investigating, but it appears he’s been planning this divorce for at least a year, maybe longer.”
“Mom, I am so sorry. When you were helping me through my divorce, dealing with child care and emotional support, Dad was planning to do the same thing to you.”
“It appears so.”
Emily listened to our conversation with the focused attention she gave to important information, then asked the question that cut straight to the heart of the matter.
“Grandma Kathy, if Grandpa has been lying about money, what else has he been lying about?”
“What do you mean, sweetheart?”
“Like the lady with yellow hair. Is she Grandpa’s girlfriend?”
Jessica and I looked at each other, realizing that Emily had probably observed more about Robert’s relationship with Sharon than any of us had understood.
“Emily, what makes you think she might be Grandpa’s girlfriend?”
“Because last week when she came to the house, I saw them hugging through the window and Grandpa gave her a present that looked like jewelry. And when she left, Grandpa watched her car drive away like Daddy used to watch Mommy when they were still married.”
The image of Robert giving jewelry to another woman while I’d been completely unaware of her existence made my stomach clench with a new kind of pain. Financial betrayal was devastating, but romantic betrayal felt like a different category of cruelty.
“Emily,” Jessica said gently. “The lawyer needs to know about the things you saw and heard. Would you be willing to talk to her about Grandpa and the yellow-haired lady?”
“Will Grandpa get in trouble?”
“Grandpa might get in trouble for lying about money and not being honest with Grandma Cathy.”
Emily considered this with eight-year-old logic that didn’t make excuses for adult behavior.
“Good. When people lie and hurt other people, they should get in trouble.”
The next morning, Patricia Williams interviewed Emily in her office with Jessica and me present. Emily answered questions with remarkable clarity and detail, describing conversations, dates, and specific comments she’d overheard with the accuracy of someone who’d been paying careful attention to adult behavior that didn’t make sense.
“Emily, you said the lady asked Grandpa about properties that Grandma Cathy didn’t know about. Can you remember exactly what Grandpa said?”
