Judge removes grandmother's custody of child and returns baby to mother...

The Court has recently reversed a Parenting Order granted to a grandmother for the care of her newborn grandchild. The Court discovered that the grandmother had provided false information to the Court and because of that, ordered the baby to be returned to her mother, who is living in a drug rehabilitation facility.

Custody was first granted to the grandmother through a Parenting Order after she brought an application to the Court, concerned that the baby’s safety was in danger in the care of their mother. The grandmother has custody of the mother’s other children.

The grandmother argued that the mother had previous criminal convictions for drug offending, including supplying methamphetamine. The mother also had a Court hearing for criminal matters as recently as February 2024.

A person can apply to the Family Court for a Parenting Order if they have concern for a child’s safety or wellbeing, but if they are not a legal guardian of the child, they need to seek leave or permission from the Court to make the application.

A Parenting Order dictates who will have day-to-day care of and contact with a child. The Court’s decision is ultimately based on the best interests and welfare of the child, considering the evidence provided at the hearing.

Some factors the Court will consider include the child’s safety and protection from all forms of violence, convictions against the parent and the fact that a child’s parents should have the main responsibilities of the child.

After the grandmother had been granted custody, the mother applied to the Court alleging that the grandmother had made false statements about her and had failed to provide all information to the Court. It was later revealed that the grandmother’s husband had gang connections and was serving time in jail.

The mother also argued that her recent Court appearances were only for sentencing, and for offences relating to 2020 offending. The mother did not expect to be receiving more than a community-based sentence and stated that she had been drug-free for a long time.

The Judge concluded that the grandmother had provided false information to the Court, as well as left out relevant information vital to the decision-making process. The Judge concluded that the mother had great support and oversight at the rehabilitation facility. Further, the mother had returned multiple clean drug tests while at the facility.

The Judge reversed the Parenting Order and returned the baby to her mother’s care.

It is important to be aware of the rights you have in relation to your child, and how you can protect children in your whānau. If you are concerned for the safety of a child, it is important to seek legal advice quickly.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Shaun Cousins and Hunter Flanagan-Connors

Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area.  We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.