Guardianship — custody — transition plan — independent psychologist — Oranga Tamariki Act 1989, ss 101, 178 & 186 — Chief Executive of Oranga Tamariki v Paterson [2022] NZFC 11180 — Olmstead v United States 277 U S 438 (1928) — R v Horseferry Road Magistrates Court; ex parte Bennett [1994] 1 AC 42 (HC). The case concerned an eight year old child who had been the subject of a previous court ruling. In the earlier proceedings, the Court had directed that the child's care was to move to his biological parent on a trial basis after a transition plan had been finalised, with allowances for frequent contact between the child and his caregiver. Lawyer for the child had reported serious concerns with his behaviour at school following the increased contact with his mother. In creating the previous draft transition plan, Oranga Tamariki had submitted that an independent psychologist was key to a successful transition plan, but subsequently failed to appoint one. The Court recorded that Oranga Tamariki had later sought to change the basis of the draft plan to remove the requirement for an independent psychologist, and instead use an Oranga Tamariki psychologist. This was further amended to propose that a social worker would be sufficient to assess the child's progress, and the social worker had subsequently approved the transition plan. The Court reasserted expert evidence given in the earlier hearing. The input of an independent psychologist was essential to finalising a plan for the transition of the child's care to his biological mother. The Court observed that a social worker's qualifications differed from that of a psychologist, and any move from the caregiver's care had been premised on a final plan being put together with a psychologist's assistance. The Court emphasised that court orders are binding and that it is not for parties to amend or ignore them. Counsel to assist was appointed by the Court to inquire and report on possible breaches by parties of the Court's earlier decision. The Court held that Oranga Tamariki must honour its original proposal and appoint an independent psychologist to finalise the transition plan. The child wished to remain with his mother while this was arranged. Judgment Date: 20 February 2023 * * * Note: names have been changed to comply with legal requirements. * * *