Chief Executive of the Ministry of Social Development v SC [2016] NZFC 2023

Published 31 July 2016

The Children, Young Persons, and Their Families Act 1989, ss 101, 110 — additional guardianship — order — care of children. The s 101 custody order in favour of the Chief Executive and the s 110 additional guardianship order in favour of the grandfather endured and a review was ordered for six months’ time. The grandfather had done “excellent work” in settling the two boys and providing them with a secure and safe home. Ordinarily the next step would have been for Home for Life orders, (Care of Children Act 2004), but there was concern from the lawyer for child and grandfather that such orders would be premature given the high needs of the children. Both children had been assessed as possibly having foetal alcohol spectrum disorder which could impact on their learning and development and would need to be considered in the making of final orders. **Note: names have been changed to comply with legal requirements.