I have a friend who's ex partner has withheld her children due to there being no parenting orders she applied for a recovery order but it was not accepted by the court as urget and she has a date early February.
She has had police do a couple of welfare checks but they are now refusing to do any more even though she has a police issused AVO and this guy has a crimal history for drug cultervation and possession (they are over 10 years old though)
A mutual friend who lives near where her ex-partner lives has seen and taken video footage of this guy leaving their 3 and 4 year old children in a car at a woolworths car park
I believe from what i know it is ok that he recorded the footage because it was in a public place
He did not approach her ex-partner becuase he knows he gets anger and aggressive but wanted her to know that her ex-partner has left them unsupervised in a car.
He did stay and keep an eye on the children (out of sight of the ex-partner) to make sure the children were ok and the ex-partner returned to the car and then got the children out of the car about 10 mins later and then took them inside woolworths
She now wants to wait at woolworths where this happened in the late afternoons (this is when he went to woolworths and left the children unattened in the car) and if he leaves them unattended in the car again she wants to try to recover the children and get them back into her custody,
She was told by a police officer and also a solicitior that if the children are in a public place she can take them with her, but my concern is that he will then say she stalked him,
she has not and will not be going near him or his place of residence........but this is not her usually woolworths store
He has allowed he to speak to the children on zoom a couple of times no other contact and has no good reason for withholding the children except that he is spiteful and usuing the children as part of his mind games
I have been told if she speaks to police about the situation they would probably just speak to him about it nothing else even though this offence is seriouse and carries a fine of up to $20000
Can she ask woolworths for CCTV footage or only police would be allowed this?
Is it worth making a report to FACS?
She just wants her kids home and she was giving him time with the children, but also does not want to give her ex-partner anything he could use against her
Any advise welcome........
She has had police do a couple of welfare checks but they are now refusing to do any more even though she has a police issused AVO and this guy has a crimal history for drug cultervation and possession (they are over 10 years old though)
A mutual friend who lives near where her ex-partner lives has seen and taken video footage of this guy leaving their 3 and 4 year old children in a car at a woolworths car park
I believe from what i know it is ok that he recorded the footage because it was in a public place
He did not approach her ex-partner becuase he knows he gets anger and aggressive but wanted her to know that her ex-partner has left them unsupervised in a car.
He did stay and keep an eye on the children (out of sight of the ex-partner) to make sure the children were ok and the ex-partner returned to the car and then got the children out of the car about 10 mins later and then took them inside woolworths
She now wants to wait at woolworths where this happened in the late afternoons (this is when he went to woolworths and left the children unattened in the car) and if he leaves them unattended in the car again she wants to try to recover the children and get them back into her custody,
She was told by a police officer and also a solicitior that if the children are in a public place she can take them with her, but my concern is that he will then say she stalked him,
she has not and will not be going near him or his place of residence........but this is not her usually woolworths store
He has allowed he to speak to the children on zoom a couple of times no other contact and has no good reason for withholding the children except that he is spiteful and usuing the children as part of his mind games
I have been told if she speaks to police about the situation they would probably just speak to him about it nothing else even though this offence is seriouse and carries a fine of up to $20000
Can she ask woolworths for CCTV footage or only police would be allowed this?
Is it worth making a report to FACS?
She just wants her kids home and she was giving him time with the children, but also does not want to give her ex-partner anything he could use against her
Any advise welcome........