MN v Chief Executive of the Ministry of Social Development [2016] NZFC 3000

Published 01 August 2016

Application for discharge of custody order — Children, Young Persons, and Their Families Act 1989, ss 6 and 125. The applicant mother sought the return of two children to her care. The children were living in separate Child, Youth and Family foster homes. Judge dismissed the application. The children were doing well in their schooling and were settled in their foster homes. It was not in their best interests and welfare under s 6 of the Act to return them to their mother’s care, considering ongoing concerns surrounding the mother’s alcohol use and unstable living conditions. Contact was not able to be determined in this proceeding as an application for an access order had not been filed; therefore the Judge did not have formal jurisdiction.Application for discharge of custody order — Children, Young Persons, and Their Families Act 1989, ss 6 and 125. The applicant mother sought the return of two children to her care. The children were living in separate Child, Youth and Family foster homes. Judge dismissed the application. The children were doing well in their schooling and were settled in their foster homes. It was not in their best interests and welfare under s 6 of the Act to return them to their mother’s care, considering ongoing concerns surrounding the mother’s alcohol use and unstable living conditions. Contact was not able to be determined in this proceeding as an application for an access order had not been filed; therefore the Judge did not have formal jurisdiction. **Note: names have been changed to comply with legal requirements.