district court logo

Reed v Potiki [2017] NZFC 9235

Published 15 April 2019

Contact arrangements — decision regarding schooling — supervised contact — mental health concerns — use of drugs — Care of Children Act 2004, ss 4, 5 & 139A. The Court was asked to determine whether the father's contact with the child should continue to be supervised and whether the child should move to a different day care centre. The Court examined the father's history with drug abuse, impulse control, causing psychological harm to the mother after their separation and mental health issues. Two notifications had been made to Oranga Tamariki raising concerns about the father's use of drugs and alcohol and neglect of the child. The social worker recommended that the father should first be able to demonstrate to the Court that he was able to sustain the changes made in his life before unsupervised care resumed. It was decided contact should not move to being unsupervised for at least two years. The Court was concerned about the risk of the child being exposed to abuse of drugs and alcohol, as well as the father's issues with mental health. In respect of which day care the child should attend, the Court found it was preferable the child attend the day care proposed by the mother, as it was closer to her place of employment. There was no evidence to indicate that either option was more or less beneficial to the child, the Court allowed the child to move to the more convenient option for the mother as day-to-day caregiver of the child. It was not much more difficult for the father to attend that day care from his location. Judgment Date: 17 November 2017. * * * Note: Names have been changed to comply with legal requirements * * *