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Chief Executive of the Ministry of Social Development v KJ [2016] NZFC 2385

Published 31 July 2016

Late filing — custody order — Children, Young Persons, and Their Families Act 1989, s 101 — parenting orders — Care of Children Act 2004. An application brought for the placement of twins with their paternal aunt was supported by the Ministry. The twins had been in the care of the aunt for most of their young lives. The twins’ mother opposed not the day-to-day care arrangements, but the frequency and nature of contact which was submitted at four times per year with supervised contact. The mother sought unsupervised contact, although she filed her notice of response and affidavit outside the period allowed by the rules. The Judge accepted the documents despite being filed late, as the mother had had difficulty in retaining counsel on a legally aided basis. The Judge determined that the matter needed to move to substantive hearing, and made orders and directions to provide for the children in the meantime, including the continuation of a s 101 custody order. **Note: names have been changed to comply with legal requirements.