PG v ZH [2016] NZFC 1916

Published 31 July 2016

Declaration that children are in need of care or protection — restraining order — Care of Children Act 2004 — Children, Young Persons, and Their Families Act 1989, ss 67, 87, 88. This Judgment involved proceedings under the Care of Children Act (COCA) and Children, Young Persons, and Their Families Act (CYPFA). Declarations were sought that all four children were in need of care and protection under s 67 of the CYPFA. Matters were adjourned in respect of the first child, but a declaration was made in respect of the S children. A final restraining order was granted against a former partner of the children’s mother. Although the parties did not disagree to a declaration being made in respect of the first child, the father sought and was granted an adjournment to discuss proposed disposition orders with the Ministry of Social Development. An application for a parenting order under the COCA was also adjourned. Regarding the three other children, the mother consented to the making of the declaration, and the father did not appear in Court. An interim restraining order under s 88 of the CYPFA was in place, and a final order was sought. The father initially opposed, mainly on grounds of principle. However, after the matter was stood down to allow discussion, the father signed a written instruction that he would not further oppose the making of the order. The father had expressed an intention not to continue the relationship with the mother, nor contact the children. The order was supported by the other parties in Court, and granted accordingly. **Note: names have been changed to comply with legal requirements.