Chief Executive of the Ministry of Social Development v IS [2016] NZFC 2081

Published 31 July 2016

Declaration children in need of care and protection — Children, Young Persons, and Their Families Act 1989, ss 67, 78, 121. A declaration was made that three children were in need of care and protection under s 67 of the Act. An interim custody order placing the children in the care of the Ministry would continue, and a family group conference was to be arranged. The children had expressed their desire to live with the mother and her partner, although the mother’s drug use was a significant concern for the Court and inhibiting factor. Also of concern was that one of the children had recently attempted suicide. The mother in the proceedings had sought an access order which was not granted, with the Court noting, “that access order is in effect a cover for her having the custody of the children.” The father had not taken any steps in the proceedings. **Note: names have been changed to comply with legal requirements.