Chief Executive of Oranga Tamariki v RR [2019] NZFC 9888

Published 13 July 2020

Interim custody — neglect — family violence — child in need of care and protection — duty to provide support — Oranga Tamariki Act 1989, ss 5, 6, 13, 78, 92 & 93 — Care of Children Act 2004 — Chief Executive of the Ministry of Social Development v CD [2013] NZFC 2041. The Chief Executive of Oranga Tamariki applied for an interim custody order in relation to the respondents' child. This was the mother's third child, her first was in the custody of Oranga Tamariki (OT) as a child in need of care and protection and the other was in the care of another person under the Care of Children Act. The mother was living with a couple who had been approved by OT as a Home for Life provider for another child. OT argued that a custody order was necessary due to the mother's history of being unable to care for her children, concerns around the father and maternal grandmother, and whether the mother would be able to care for the child's physical, emotional and cultural needs. The mother opposed the order on the basis that she was well supported with this child. She had undertaken parenting courses and had been an attentive mother. The Judge declined to order an interim custody order, finding that an interim support order was sufficient in the circumstances. In case circumstances deteriorated, it was left open to OT to continue the custody order application. Judgment Date: 27 November 2019. * * * Note: names have been changed to comply with legal requirements. * * *