QLD Ex's new partner and handover

[MikaAliyah]

I have a friend who currently has split custody of her two young children with her ex.
They don't have court orders yet as they are waiting for their court date in the upcoming months.

Yesterday she went to do handover with her ex's sister, who was their with her ex's new partner (whom she has never met before - and has only been with the ex for a few months at most.)
This new partner offers to facilitate handover in the future and offers my friend her phone number. My friend refused - and I definitely stand by her decision.
My question is, is she legally required to do handover with this new person when the children's father is not present? I say no because my friend technically has no idea who this lady is and on no paperwork does it state this new lady's name. Am I right in assuming that?

 

[sammy01]

Until there is a court order that says this or that then really there are no rules. So hypothetical 1. Your friend is going to pick up kids.... Is your friend gonna refuse to take them because she doesn't know the person dropping them off? Of course not...
Hypothetical 2 - dad organised for his new partner to pick up the kids. He has communicated this to your mate. This seems reasonable. Sure she can refuse, she can make things difficult but what is achieved?
Hypothetical 3 - Dad does not communicate that he is able to attend and is sending his new partner instead. So I would not feel comfortable with this situation and I would refuse.

Now sorry I'm a bit confused. The ex's sister was there? So their aunty? So your mate was actually dropping off the kids into the care of their aunty and the new girlfriend was there also? BIG DEAL... the kids were not being left with some anonymous person. TRUE? they were being left with their aunty. So what is the problem?

 

[CSFLW]

Hi Mika

Question: My question is, is she legally required to do handover with this new person when the children's father is not present? I say no because my friend technically has no idea who this lady is and on no paperwork does it state this new lady's name. Am I right in assuming that?

Answer: Putting the Family Law Act aside, if the mother is concerned about the person/s at the changeover she should not allow her children to be left in their care.

I hope this helps.

Let me know if you need more help.

 

[sammy01]

have anothre read... The kid's aunty was there. So the new partner is a moot point. Surely organising for Aunty Betty to pick up the kids in an emergency isn't an unreasonable solution if there was a one off problem as was the case here. But I did provide 3 hypotheticals, one of which i indicated that it would be reasonable to refuse to hand over the kids