Parenting order — day to day care — whāngai parents — welfare and best interest of the child — cultural needs — risks of safety — Care of Children Act 2004, ss 4, 5, 5A, 5(a)-(g) & 6 — B v Department of Social Welfare [1998] 16 FRNZ 522 — Fletcher v McMillan [1990] NZFLR 302. The applicants, who were the whāngai parents of the child, sought a parenting order and the day-to-day care of the child. The child's parents were the respondents, they were no longer together and the child had not been in their care for five years. The respondent mother had agreed for the child to live with the applicants and allowed them to make decisions regarding her needs, but she had since changed her mind. The respondent father was abusive and did not engage in the proceedings. An interim variation had previously been ordered that the child's day-to day-care was to be with the applicants and orders were made outlining contact with the respondent and other conditions such as ensuring the child was not to be exposed to violence. The main issues to be determined were: whether the child should remain in the applicant's care; whether the interim order needed to be discharged or made final; the type of contact for the non-primary caregiver; safety concerns. The applicants were concerned about the safety of the child if she were to go back to the respondent mother and they submitted they were able to provide the child with a good level of care and that all of her needs, including cultural needs, would be met. The respondent denied the concerns and sought a final parenting order. The Court found that the respondent lacked credibility as she and her current partner had lied about his criminal conviction and alcohol consumption. They also did not disclose the respondent's pregnancy until later in the proceedings. The Court found that the respondent had a pattern of lashing out physically, the children had been exposed to violence in the respondent's care, she struggled to maintain a tidy home, and she showed a level of dishonesty. Whanau had shown concern for the respondent's abilities to care for her children. The Court was satisfied the applicants were raising the child in a household that used Te Reo Māori and practiced tikanga Māori, and that her religion was being promoted. Both parties accepted that the respondent should have contact with the child. The interim parenting order was discharged, and the Court granted a final parenting order and the day-to-day care of the child to the applicants. The Court made contact orders for the respondent and for the child to not be exposed to violence. Judgment Date: 1 March 2024. * * * Note: names have been changed to comply with legal requirements. * * *