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Chief Executive of Oranga Tamariki v SB [2020] NZFC 4305

Published 31 May 2022

Application for custody order — unborn child — welfare and best interests of child — additional guardianship — Oranga Tamariki Act 1989, ss 4A, 5, 13, 78, 101 & 110. This was an application by Oranga Tamariki (OT) for an interim custody order under s 78 of the Oranga Tamariki Act ("the Act") for an unborn child (to take effect at the moment of birth). The mother had a known methamphetamine addiction, had been involved with violent men and was affiliated with gangs. She also had another child for which an additional guardianship order had been granted. Multiple unsuccessful attempts had been made to contact the mother, and whanau had also failed to engage with social workers or the court process. The Judge noted that a custody order under the Act was a last resort. Principles under the Act favoured providing supports for families, giving effect to a child's cultural and community settings and having regard to the Treaty of Waitangi. This was not possible in the circumstances. The principles dealing with vulnerability, age, disability and neglect applied. Having regard to all the circumstances and the paramountcy of the child's welfare and best interests, the Judge determined that an interim custody order in favour of OT was necessary. The Judge made an order, noting that if the mother chose to engage child-protectively with OT a range of options were available. Judgment Date: 16 June 2020. * * * Note: names have been changed to comply with legal requirements. * * *