By Cam Lucadou-Wells
A MAN has flown into a rage after discovering his ex-wife’s new partner in her Hampton Park home bedroom, causing one of his sons to vomit out of anxiety.
The recently separated 41-year-old man had entered the home’s unlocked front door and discovered the new partner was in her bedroom in late July, Dandenong Magistrates’ Court was told on 5 September.
The court heard he then went back outside and called his former wife, asking her if her partner was with her.
When she opened the front door, the man barged in the house and found the new partner in hiding. The two men argued and pushed one another.
During the scuffle, the accused fell and struck his head.
His son, who was ordered by the accused to take photos of the other man, began shaking and vomiting out of anxiety.
The accused left and shortly returned with two of his children to “look at what (their mother) was doing”.
The man’s lawyer told the court the accused had an earlier agreement with his ex-wife that he’d move out of the matrimonial home if she didn’t have her new partner at the house.
Magistrate Jack Vandersteen said the argument was “victim blaming”.
“Your client doesn’t own his ex-wife and shouldn’t use his children in a way that’s against their mother.”
He said it was “disgraceful” for the man to involve his own children in the argument, and even worse given the son had a pre-disposition to vomiting when anxious.
“Does he understand the impact adult behaviour has on children and their development?”
The man, who had no prior offences, had been subject to a limited intervention order.
His wife stood up from the gallery to plead Mr Vandersteen for “leniency” on behalf of her children.
She said she’d find it hard to cope if the order was upgraded to a full contact ban between the man and his children.
Mr Vandersteen however put the man on a full order, with a 12-month good behaviour bond without conviction.
The man was orderd to complete a men’s behaviour change program.
