Thursday, July 19, 2007, Episode #5106

C.J. and Felicia prepare to announce the winner.

At Insomnia, C.J. and Felicia prepare to announce the winner's name. After praising both couples again and thanking the patrons for filling his bank account, C.J. asks for a drumroll and turns to Felicia to announce the winner's name in unison - but C.J. shouts out Rick's name while Felicia announces Constantine's, so C.J. declares a tie. Rick turns to his half sister and playfully kids her about her lack of family loyalty, while Phoebe's friend Madison echoes the praise of both couples and admires Phoebe's "rocker chick" look. C.J. chimes in that he liked the "old" Phoebe, but Rick corrects him that he's referring to the "classic" Phoebe. "Like Lawrence Welk," Constantine sarcastically quips. As some fans come over to ask Constantine for an autograph, Rick rolls his eyes. Phoebe asks if he's worried that she's going to run off with the rocker now. Rick tells her that he isn't and suggests that she change out of her "persona" and leave with him, as he has a surprise for her.

Constantine is surprised by Felicia's support.

As Felicia tries to call Ridge to find out how things are going at the hearing, Constantine comes over and asks why she voted for him if she doesn't like him. "It's that I don't like you for my 18-year-old niece," Felicia corrects him, although Constantine insists that his interest in Phoebe is strictly professional. Felicia reminds him that he's said that before and informs him that there's another Forrester who'd like to make music with him. Constantine asks what she plays - and she replies by kissing him!

Rick has a romantic surprise for Phoebe.

Rick gets Phoebe (who must have convinced him that they could save time by just leaving, since she's still wearing her rock-and-roll outfit) to the beach house, where he has a romantic, candle-lit setting waiting for them. Phoebe surmises from the layout that Rick expected to win and suggests that they not put all his work to waste, even if there was no real winner. Rick asks what kind of celebration she has in mind; Phoebe responds by making out with him. As things get hot and heavy, Rick pulls back and suggests they have dinner, but Phoebe tells him it's OK and purrs, "I want to."

Brooke testifies that she can care for her children.

Things are more somber in the courtroom, where Judge Friedman continues to question Taylor about Brooke's ability to raise her children. The judge asks Taylor why she wouldn't trust Brooke as a parent. Taylor hesitates before answering that Brooke had called herself a bad mother and expressed misgivings about her parenting abilities during their recent chat, although she qualifies that Brooke said those things in a moment of emotional duress. As the judge ends his questions, Storm asks Taylor if Brooke's coming to her for help, even though Taylor declined to treat her, is a sign of stability on Brooke's part; Taylor agrees that seeking counseling is very healthy. Storm thanks Taylor and recalls Brooke to the stand so she can address Taylor's comments. Brooke admits that she said some things while she was upset, as most of us do, but she doesn't think that makes her a danger to her children. "I'm perfectly capable of taking care of them," she declares.

Since Storm is done, Dorothy has a few questions for Brooke. She asks about the dinner Brooke was making for her kids in the kitchen, which is close to the living room where the kids were. "Were you using noisy appliances?" Dorothy asks. After Brooke says she was making peanut butter sandwiches and fruit salad (I guess she was out of turkey, since that's what she originally suggested), Dorothy asks how she could not have smelled the fire in the next room or heard the kids screaming, alleging that Brooke must have been caught up in her own misery to have ignored that. As Brooke sits there shocked, Nick stands up and asks to be heard. He tells the judge that it was his lighter that started the fire, so he should be the one who gets punished and not Brooke. He adds that his ex-wife is one of the best mothers he's ever seen. The judge tells Nick to sit down, pointing out that this hearing isn't about punishment. He then tells Dorothy she can proceed with her question. Brooke answers that she wasn't oblivious to her kids. Yes, she had problems, but she was dealing with them, since that's what parents do, just as she'll do once her kids come home with her. With that, the judge announces a recess and says he'll return with his ruling shortly.

Eric worries that Taylor's testimony hurt Brooke's chances.

Stephanie whispers for Taylor to join her in the hall, where Eric and Ridge are waiting. Stephanie thanks Taylor for coming, but Taylor points out that she had no choice thanks to the subpoena she got. "Gee, I wonder who made that happen," Eric sarcastically says, looking at his wife. Stephanie thinks the important thing is that Taylor told the truth, but Taylor laments that she had to take sides. Ridge points out how blindsided Brooke was, and Eric isn't surprised given the harsh light Taylor's testimony cast Brooke in. Stephanie suggests they stop talking about Brooke and focus on the kids. Ridge thinks the kids need their mother and just wants Brooke to get help. Taylor advises that the judge will probably only impose supervision or counseling for Brooke, but she doesn't think the judge will actually take those kids from their mother.

Ridge gets awarded custody.

As Storm and Brooke discuss how Taylor's testimony hurt Brooke, Taylor comes back into the courtroom and asks Brooke if they can talk. Brooke thinks Taylor has said enough already. At that moment, the judge returns with his ruling. Since it's getting late, he tries to be brief. He starts out by stating that there is no clear evidence that Brooke has bad morals, and he adds that the hot tub incident some time ago and the fire were both accidents caused by someone else's carelessness, so they're immaterial to the matter at hand today. What's not immaterial, however, is the testimony by Dr. Taylor Marone about Brooke's emotional state. While he agrees that Brooke has proved capable of adequately caring for her children in the past, he thinks Taylor's portrayal of Brooke's current state shows that Brooke cannot currently care for her children, so he's setting aside the joint custody provisions in Ridge and Brooke's divorce decree and awarding sole custody of R.J. to Ridge. As for Hope, he suggests foster care, since her father cannot be located, but Ridge steps up and offers to take Hope, too, so that brother and sister are not separated. Since the judge and Dorothy agree, Ridge is awarded temporary custody of both children until such time as Brooke can show that she's capable, with Brooke granted generous supervised visitation. Brooke exclaims that the decision is not fair, but the judge says it's in the best interests of the children and urges Brooke to get help. Brooke tearfully says that she understands, but she tells the judge that his decision will only tear her family apart rather than healing it.

Nick calls out Stephanie.

Storm tries to comfort Brooke and suggests that she follow the judge's ruling and seek counseling, so they can petition to restore the original custody terms when the time is right. While Storm goes to fill out some paperwork, Nick comes over and tells Brooke that he's sorry. Brooke tells him that it's not in fault and explains that she's in no mood to talk right now, so Nick goes out to the hall and confronts Stephanie, who's with Ridge and Eric. The sailor calls "Grandma" Stephanie out for manipulating the decision to get what she's wanted for years. "I won't forget this," he declares. Ridge counters that he won't forget Nick's part in today's events, either. As Ridge motions for his mother to leave, Eric looks at Nick and fumes, "Never speak to my wife that way again."