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Chief Executive, Ministry of Social Development v Annabelle Ware [2016] NZFC 1481

Published 31 July 2016

Custody — home for life — Children, Young Persons, and Their Families Act 1989, ss 101, 110 — Care of Children Act 2004, ss 4, 5, 27, 49C, 77 — day-to-day care — contact — additional guardians — removal from New Zealand — naming dispute. Orders made under the Act were discharged and Care of Children Act orders made. The maternal aunt and uncle, who had cared for the child since he was a baby pursuant to a place of safety warrant, were appointed additional guardians and given day-to-day care of the child. In accordance with their application, an order preventing removal from New Zealand was discharged to allow for family holidays, and the child’s name was changed. Arrangements were made for the father to have bi-monthly supervised contact. The father supported permanency of placement but opposed the suggested name change, discharge of the order preventing child’s removal from New Zealand and the supervision of his contact. Despite that, the orders were made having regard to the welfare and best interests of the child under ss 4 and 5 of the Act. The child’s mother took no steps in these proceedings. **Note: names have been changed to comply with legal requirements.