Application for declaration of care and protection — application for access order — C v Chief Executive of the Department of Child, Youth and Family Services (2003) NZFLR 643 — Oranga Tamariki Act 1989, ss 5, 6, 7AA, 13, 14, 14AA, 39, 73, 78, 121, 128, 178 & 198 — C v Chief Executive of the Department of Child, Youth and Family Services (2003) NZFLR 643 — United Nations Convention on the Rights of the Child (UNCROC), Articles 4, 5, 6, 7, 9, 10, 18, 19 & 20. The respondent sought to have an application for a declaration of care and protection dismissed, with regard to her fourth child. The child was uplifted from the respondent's care on the day of his birth and placed with caregivers. The mother opposed the application, but in lieu of the declaration's dismissal, she sought that access to her child be defined by the court. The respondent's other three children were each uplifted from their mother's care. The first child lived with his father, the second with distant relatives of the respondent, and the third with non-kin caregivers. The basis of the application was that the child would not be safe in the care of the mother, that the child was a child in need of care and protection pursuant to ss 14AA(1)(a), and the only means to achieve this was through an interim order. The Court heard a number of submissions when considering the application, including the respondent's relationship and history of family violence, her alcohol abuse and the impact that this may have on her child, two s 178 assessments and reports from the respondent's social workers and midwives. The Court found the child to be in need of care and protection. An interim access order was made on the existing terms of access, with a final order awaiting access proposals from the social workers. Judgment Date: 2 December 2020. * * * Note: names have been changed to comply with legal requirements. * * *