Financial assistance for children — payment to caregivers — care and clothing allowance — service and support orders — whether court can make order or direction for Chief Executive to provide financial support — whether court should exercise discretion to make order — Menzies v Ministry of Social Development (FC Upper Hutt FAM 2000-055-47, 24 June 2010) — Children, Young Persons, and Their Families Act 1989, ss 86, 91, 362, 363(2), 387 and 389(a)(ii). The issues were whether the Court had jurisdiction to make orders for financial support and if so should the discretion be exercised. The Court found that there was no jurisdiction to make an order under s 363 even if there were a breach of statutory obligations by the Chief Executive. Under ss 387 & 389 assistance is at the discretion of the Chief Executive and the court has no discretion to review even if the Chief Execuitive were to improperly failed to exercise that discretion. However, under ss 86 and 91 a services or support order may be made at the courts discretion, subject to the principles in ss 6, 5 and 13, if the applicant shows actual need. If so, it then falls to the Chief Executive satify the court that te order should not be made as to do so would be clearly impractical. In considering whether the Court should exercise its discretion the Judge considered the principles underpinning the provision of services and assistance. The Judge found that in relation to clothing and care it would be an improper exercise of the Courts jurisdiction to remedy the breach, if any or extend the obligation. In relation to ongoing support of education and health services, the issue was whether the extent of the financial support services sought by the respondent parent/caregiver was appropriate. The balance lay in favour of the Chief Executive providing assistance for children’s learning, extra-curricular development and further health investigations (ss 86 and 91). Loss of income, responsibility for ongoing child care and clothing costs were incidental to assumption of permanent care (s 363, 398 and 389). * * * Note: names have been changed to comply with legal requirements* * *