Open Home Foundation v DP [2016] NZFC 2853

Published 01 August 2016

Contact — child in custody of Open Home Foundation (OHF) — whether mother’s access should be increased by 2 days per week — whether father’s access should be unsupervised — Children, Young Persons, and Their Families Act 1989, ss 101, 110 and 121. A s 121 (access) order was made confirming that the mother’s access would remain as it had been prior to the application. It was not in the child’s best interests for the order to be varied given the complicated care and protection history, and the child’s behavioural needs. Some variation was allowed if agreed to by the child’s caregivers. Father’s contact was limited to two supervised half-days per year with special conditions as to alcohol and drug consumption. Indirect phone contact allowed subject to OHF approval. There was a risk that the father’s current behaviour would undermine the child’s relationship with his mother and caregivers if a shift was made to unsupervised contact. **Note: names have been changed to comply with legal requirements.