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Urgent! Innebriated parent at Changeover. Help!

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Need help now.

Hey guys,

              O.k I'll cut to the chase here. Today my partner took his children for Changeover (which I will furter refer to as C/O). Anyway, partner arrived and saw that the other party was very obviously stoned. The other party had blood shot glassy eyes, heavy eyelids, was talking around a dry mouth etc. The other party said (without a single question asked) "I'm on new medication for a headache."

My partner replied "You look wasted. Are you?" The other party denied it.

My partner explained that they were not comfortable with handing the children over to the other party due to their current state and did not believe the other party should be driving, much less with the children in the car.

The other party became abusive demanding that my partner give them the children. My partner again said that they were not comfortable with that as the other party was very obviously innebriated and that they were welcome to call the police if they so wished. My partner also explained that they were willing to wait for the police to arrive and see if they felt that the other party was fit to be driving.

This did not go down well with the other party and they were yelling and screaming accusing my partner of setting them up etc. In their tirade of verbal abuse, the other party continued to demand the children and then began accusing my partner of trying to 'screw up their life'.

My partner again said that if they wished they may call the police. The other party continued yelling and had managed to convince themselves that the police were already on their way. (This was certainly not the case). The other party then got to the car and said to the children "xxxxxxx won't let me take you. They think I'm a drug addict and that I can't drive." The other party then turned to my partner and screamed "I'll see you in fxxxin' court!" Then walked to their car and drove away.

My partner then walked in to the restaurant (as CO happens in the car park of this restaurant) and asked the manager to call the police. Police said they don't want to get involved in a family law matter. But took the license plate, make and model of the car.

The question here is How much trouble will my partner get in for taking this action?

I need answers urgently. Please help!
Your partner called the police… They turned out and did no more than take the details of your ex partners car. Is that the lay of the land here? I can't see any issues. Safety of the kids is paramount. You had , it seems, very valid concerns. Perhaps arranging another more suitable handover time and make up time would have been advantageous on the spot but it sounds like things became heated. Can't see what the problem is so far. Ensure you diary the events in detail and officers names etc. for a rainy day. Under the proposed new legislation your ex would face the possibility of loosing his contact arrangements. Not a good scene for anyone here.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
Police did not come from the calls made. However, my partner spoke to the police on the phone, but two on duty officers happened to turn up to the restaurant for dinner. My partner informed them of the events that occurred and they gave my partner a card with their names and ranks on them.  They also took the details of the other party's car.
Thankyou for answering my post so quickly, it's appreciated.
Are the parties now talking and sorting out the handover for school holiday contact? In other words is this now "behind them"?

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
Unfortunately no. Other party's phone is off and my partner has no other way of contacting them.
McKenzie Friend said

There has been success. My partner was contacted by the other party and asked if they could pick the children up from school, quickly adding that they would not be driving. My partner said they are welcome to pick the children up from school today and that if they would like an extra day with the children, they are welcome to it. Other party agreed.

The other party also asked if there were any further issues that my partner would wish to discuss, my partner said yes and they settled to discuss it at another time. Also discussed the third child's pick up on Saturday and this was agreed to and went unusually smoothly.

Thank you all very much for your help with this. This particular issue has been resolved.

Site Director
Sounds like there may have been some outside intervention - warning from authorities given.
A terrific  outcome and all credit to your parter for offering a little extra time to make up the time lost due to the "incident". It sounds like some reason and reflective thinking has occurred in the cold light of day. I am also pleased with the way your partner dealt with the school and handover arrangements at same. For those readers on this topic there has been other communication in private. I wish we would see more issues resolved in such a pro parenting manner.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
Thankyou to everyone for all of your help and input, especially Secretary SPCA. My partner is very appreciative of everyone's input.  :thumbs:
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