New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Contact/access orders

Legal area

Court

26 Nov 2012

AB AND BC V THE CHIEF EXECUTIVE OF MINISTRY OF SOCIAL DEVELOPMENT HC WN CIV-2012-485-1194

Citation

openlaw-9761c938_4e52_4c21_8af5_903342c9544e.pdf
Court

High Court

The application for leave to adduce an updated psychologist's report on the appeal was dismissed because the proposed fresh evidence did not establish the 'special reasons' required under r 20.16 to justify admission on appeal and would not assist determination of the alleged errors; if the appeal succeeds, any required psychological assessment is more appropriately obtained and considered by the Family Court as the court of first instance.
5 Jul 2011

S v THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT HC WN CIV 2011-485-000439

Citation

openlaw-bf7ddb26_ec80_4383_8ed0_c4a1a2985314.pdf
Court

High Court

On the balance of probabilities the children had been subjected to repeated and unacceptable physical abuse by the mother (and by the stepfather); the mother had not demonstrated reliable, tested change; imposing s103 conditions was unlikely to protect the children or secure their safe return; accordingly the Family Court's s101 custody order in favour of the Chief Executive and its refusal to impose s103 conditions were properly made.