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Ministry of Social Development v Tilo [2017] NZFC 2593

Published 01 August 2017

Reserved judgment — application for declaration — Shaken baby syndrome — abusive head trauma — medical experts — Children, Young Persons, and Their Families Act 1989, ss 14 & 71. The respondents' child was rushed to hospital where investigation revealed that the child had a large subdural haematoma. The hospital concluded that this was a non-accidental head injury and CYF applied for a declaration that the child was in need of care and protection. After lengthy discussion on shaken baby syndrome and head injury to infants, the court found that in these proceedings a child was brought to hospital with no outward signs of violence but with an intracranial haemorrhage. The court proceeded on the basis that, on the evidence and research shaking without impact did not cause this damage; and that the respondents presented themselves as honest people and were believed when they said that they had not harmed their child. The application was therefore dismissed and the s 78 custody order was discharged. Judgment Date: 13 April 2017 * * * Note: Names have been changed to comply with legal requirements * * *