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Chief Executive of the Ministry of Social Development v LA [2016] NZFC 1640

Published 31 July 2016

Care of Children Act 2004 — Children, Young Persons, and Their Families Act 1989, ss 67, 101, 110, 121. In this reserved decision, which dealt comprehensively with contested applications under the CYPFA and COCA, a s 101 custody order was made in favour of the Chief Executive. In doing so the Court approved the Ministry’s plan for five children, which involved the staged return to their father’s care. The Chief Executive was appointed as an additional guardian, and an access order was made in favour of the mother. In examining the relevant law, the judgment explained the differences between s 101 custody orders under the CYPFA and parenting orders under the COCA. Section 101 orders being more extensive, and including for example the power to place a child with any person or residence (s 104(2)(a)). This was highly relevant to the father’s ongoing care of the children. The disposition of the s 101 order followed a lengthy court process, the Judge expressing her disappointment at the duration and stating that the children involved had been let down. **Note: names have been changed to comply with legal requirements.