Chief Executive of Oranga Tamariki v Milner [2021] NZFC 12008

Published 09 May 2022

Guardianship — parenting order — relocation — Care of Children Act 2004 — Oranga Tamariki Act 1989, ss 78 & 101. The applicant father wanted his son (the child) to live with him in Australia. Therefore the applicant applied for a parenting order over the child, and to have Oranga Tamariki's interim custody order over the child discharged. There were long-standing concerns over the ability of the child's mother to take proper care of him, and for most of his life he had been in the care of his maternal grandmother, with Oranga Tamariki having previously intervened to ensure that he remained in his grandmother's care. The Court observed that the child needed certainty and finality in terms of his care arrangements, and the child himself had expressed a wish to go into the applicant's care as soon as possible. The Court found that the orders sought were consistent with the welfare and best interests of the child. There were no safety concerns surrounding the applicant, and the child would be able to maintain contact with his mother's family. The Court made a final parenting order in favour of the applicant. Judgment Date: 29 November 2021 * * * Note: names have been changed to comply with legal requirements. * * *