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Chief Executive of Oranga Tamariki v HT [2020] NZFC 2250

Published 05 May 2022

Care and contact arrangements — non-family caregivers — custody order — family violence — alcohol abuse — mental health issues — drug use — methamphetamine — neglect — well-being and best interests of children — risk of serious harm — Oranga Tamariki Act 1989, ss 4, 5, 13, 78, 91, 101, 103, 110 & 178 — Care of Children Act 2004. This hearing was to determine the custody and care arrangements for two children. The Chief Executive of Oranga Tamariki sought an order for custody under s 101 of the Oranga Tamariki Act, so the children would be in the care of two caregivers who had been looking after the children since 2019. The respondent mother opposed the application and wanted the children returned to her day-to-day care. The respondent father made no appearance and had not seen the children since 2016. The children had been exposed to family violence, alcohol abuse and neglect, resulting in their removal from parental custody in 2016. Similar issues arose in 2018 with the mother and her new partner, resulting in the children once again being placed with caregivers. The Judge believed placing the children back in the care of their mother would put them at risk of serious harm. A s 101 custody order was made in favour of the Chief Executive of Oranga Tamariki, meaning the children would remain with their current caregivers and have contact with their mother every month. A new plan was to be filed within eight weeks. Judgment Date: 20 March 2020. * * * Note: names have been changed to comply with legal requirements. * * *