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Chief Executive of Oranga Tamariki v TQ [2020] NZFC 2519

Published 10 March 2022

Interim custody order — safety concerns — living with person with convictions for sexual offending against children — telephone conference — Oranga Tamariki Act 1989, ss 4, 4A, 5, 13, 73 & 78. The hearing concerned a young baby that had been uplifted by Oranga Tamariki one day after being placed with his paternal grandparents. The uplift occurred after Oranga Tamariki found out the grandparents had also taken in their son who had criminal convictions for sexual offending against a minor. The mother was not an appropriate person to care for the child as there were safety and drug concerns. She also had parole orders not to have contact with or care of children under 16. As the father lived with the mother he could not have the care of the child. There had been a whānau hui where it was decided the child would live with the grandparents, where the father's older child had been thriving. Apart from the issue of the person with sexual offending convictions, the grandparents were a suitable placement. Everyone agreed that the child should, long-term, be placed with whānau. However, the risks of the person with sexual offending convictions had to be managed. An interim custody order was granted to allow a plan and protections to be put in place. Dates for a judicial conference and a family group conference were to be set to ensure the case continued moving forward swiftly. Judgment Date: 9 April 2020. * * * Note: names have been changed to comply with legal requirements. * * *