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Chief Executive of the Ministry of Social Development v WS [2016] NZFC 1743

Published 31 July 2016

Discharge of custody order — parenting order Children — Care of Children Act 2004 — Young Persons, and Their Families Act 1989, s 101. These proceedings involved the discharge of a s 101 custody order placing the child in the care of the Chief Executive, and the making of a parenting order placing the day to day care of the child with the mother. The mother had been convicted of assaulting the child, and Child, Youth and Family had become involved. However, Counsel and the Judge both agreed the mother had made significant strides regarding her ability to care for the child, and it was now appropriate to return the child to her custody. The child’s father was incarcerated at the time of proceedings, and an existing restraining order would continue. In the event of his release supervised contact would occur at a Court-approved supervised contact facility. **Note: names have been changed to comply with legal requirements.