Woman was going to drive off with child not in safety seat

A woman upset her former partner had not returned their child at the agreed time, breached a domestic violence order by attending his residence to pick up the toddler.

The woman, who cannot be named for legal reasons, went on to fail to appear in court twice on the breach and contravened police protection by not attending a drug diversion program.

Police prosecutor Kelvin Boyd said the defendant attended the victim’s Koongal address at 5pm on November 15, unannounced, and entered his bedroom where he was looking after their child.

He said she placed the vehicle keys on the victim’s bed and picked up the child.

Mr Boyd said the victim grabbed the defendant’s keys off the bed and the defendant exited the house with the child, out the rear door and towards her vehicle which was in the driveway.

He said the victim told the defendant she could not leave with the child.

Mr Boyd said the victim pointed out she did not have a baby seat in the vehicle and she appeared intoxicated.

He said the defendant started walking up the street with the victim following while calling police.

Mr Boyd said the victim took back the child and returned to the house while the defendant returned to her vehicle and drove away.

He said the defendant told police she had gone to the residence to see her son and she had misunderstood the DV order.

Mr Boyd said she further stated the child custody handover usually took place at her residence.

But, defence lawyer Brendan Gimbert said the victim had not turned up with the child for the exchange.

The defendant was found to have marijuana on her when she spoke to police.

She was ordered by police to attend a Drug Diversion program due to the marijuana possession, however she failed to attend.

Mr Gimbert said his client, 21, had a week on/week off custody arrangement for her two-year-old son.

The woman was placed on a six-month probation order and fined $250. Convictions were recorded.



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