NSW When does it become stalking

[my4daughters21]

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........

 

[Atticus]

Could it be this lady? >>>> NSW - Recovery Order
Either way it's very similar

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 applied to court for a recovery order.... having done that , THE COURT has decided that it's not urgent (they wouldn't have done that if they thought the kids were at any risk at all) & have set a date for February....

My advice
1) DON'T take the advice of a police officer on family law matters
2) Her & or her friend needs to stop stalking this guy (yes, it's stalking)

The matter will be dealt with by the court in weeks, that's what the court has decided should happen..
Absolutely continuing to stalk or snatching the kids can backfire

 

[sammy01]

Leaving kids in care for less than 10 min.... Child abuse? NOPE. Neglect? nope. Bad parenting. Hmmm well look I reckon there would be times when my kids fell asleep in the car and I left them for 5-10 min to run inside, go to the loo and hang some washing... I reckon once or twice the kids woke up and maybe just maybe cried. Bad parenting? yup. Permenent emotinal scarring that will need years of trauma counselling when they're older? NOPE.

Trauma caused because of the possible scenario of taking the kids and an altercation ensuing? Hmm. Chance of criminal conviction - After all you'd have to enter his property to get the kids. Good chance of being charged for that alone....

Yup - wait till court. Dad being an idiot does not give you permission to be an idiot too.

 

[familynfriends]

Could it be this lady? >>>> NSW - Recovery Order
Either way it's very similar

Although this is similar to my post NO it's not me thanks Atticus

I have not been anywhere near my ex-partner as he is waiting for me to do something stupid and try to get me into trouble, I'm much smarter than that.

I have spent my time gathering evidence to show my ex-partners pattern of behaviour to prove he's not fit to continue having custody of our children when we get to court.
I have also been attending psychologist appointment to show I am a capable parent

My advice for this lady is please tell your friend to hang in there, don't do anything silly as tempting as it is.
Get as much evidence as you can together to establish behavioural patterns that are unhealthy, stalking or watching him in any form is not going to get your friend anywhere.

sending her lots of strength it's hard to stay level headed and look after yourself as a mum also going through a similar situation, I very much sympathies with her hopefully, the court will see she is a good mum and she will get them back

Also, children should never be left in the car alone it is completely irresponsible and if it was a hot day then it could kill them so I would say it was abuse.

She needs to talk to her solicitor about what happened and the footage the friend has, maybe it can be used somehow if not now later down the track.
If her friend was just in the same place as her ex-partner, then he has not stalked anyone or broken any privacy law as it's in a public place.

 

[Atticus]

Although this is similar to my post NO it's not me thanks @Atticus

Good .... Snatching kids is not how you (or this lady) want to go with a court hearing only weeks away..