Dad literally gave partner the elbow

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A doting dad tried to leave home with his children and in the ensuing struggle elbowed his partner in her side.

John Hay (40) had been drinking when he got into an argument with his partner over her drug taking and decided to leave with the two youngsters when he committed the violent act.

Later breaching his bail by entering the family home, he managed to evade police by leaving the property via a balcony.

Appearing from custody at Falkirk Sheriff Court last Thursday, Hay, 24 Cross Street, Bainsford, previously pled guilty to the assault he committed on April 23 and breaching his bail conditions at Cullen Terrace, Bainsford.

Ann Orr, procurator fiscal depute, said: “The accused has been in an on/off relationship with the woman for about 14 years and they have three children together. His partner became annoyed with him because he was sitting about drinking and not helping around the house.

“The accused then said he was going to leave and was taking the children. His partner tried to get them back and followed them into the common close of the building.

“The accused elbowed her in the side.”

Hay was detained following that incident, but he soon returned and, when police appeared at the front door due to a reported disturbance, he escaped through the living room balcony doors.

He was later traced by police and charged with breaching bail.

Defence solicitor Lynn Swan said: “His partner has her own difficulties in relation to substance misuse. He has always tried to be a good father to the children.

“He had been drinking but the argument started because he took exception to her misusing certain substances.”

On the breach of bail incident Hay came round to the premises because the children were missing him and keen to see him.

Miss Swan said: “When he was there he found a crack pipe in the property.”

Sheriff Ian Anderson took into account Hay spent the last five weeks in custody and placed him on a supervised community payback order for 12 months with the condition he complete 110 hours of 
unpaid work within six months.