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Chief Executive of Oranga Tamariki v Henderson [2023] NZFC 2167

Published 19 February 2024

Application for orders — care and protection — Oranga Tamariki Act 1989, ss 4, 4A, 5, 13, 14, 14A, 14AA, 78, 101, 102, 110 & 140 — MEM v Chief of the Ministry of Vulnerable Children FC Rotorua FAM-2001-019-000230 22 June 2009. The applicant sought a care and protection order for a 13-year old child. The child had previously been placed in the applicant's custody pursuant to an interim custody order. There were concerns that the child was unsafe in the care of his mother, the respondent. The respondent opposed the application, believing that she was able to care for the child by herself and seeking his immediate return to her care. Since the child was placed in the care of the applicant, the respondent had attempted to address the issues that had led to his removal. However the Court considered that she had made little progress and that there were still care and protection issues for the child. The respondent seemed to feel persecuted and believed that others were conspiring against her. Further, the Court found that she had tried to destroy the child's relationships with others and that this amounted to psychological abuse. The Court made an order placing child in custody of Oranga Tamariki, with the applicant as an additional guardian. Judgment Date: 17 March 2023 * * * Note: names have been changed to comply with legal requirements. * * *