How to respond to removal of a child by Oranga Tamariki without notice…

If Oranga Tamariki has removed a child from parental care without prior notice it is important to act promptly and stay focused on addressing the concerns raised.

Understand the Basis for the Removal

Oranga Tamariki can apply to the Family Court, without notice, for a Custody Order if it believes a child is in need of care or protection. These orders are intended for urgent situations where a delay may place the child at risk. It’s therefore important to obtain and review the court documents to understand the concerns that led to the uplift.

Obtain Legal Advice Immediately

Care and protection proceedings involve complex legal issues and strict timeframes. Seek advice from an experienced family lawyer as soon as possible. Your lawyer can explain the court process, advise you on your rights, and help you prepare a response.

Respond to the Concerns Raised

Work with your lawyer to provide a prompt response to Oranga Tamariki’s concerns. Your response should address each concern directly, correct any factual inaccuracies, identify any missing, outdated (or incomplete), information and provide clear and relevant evidence where available. Accurate and well-supported information can assist the Court in determining whether the child’s ongoing removal remains necessary.

Engage Constructively in the Process

Cooperate positively with Oranga Tamariki, your lawyer, Family Group Conferences, and the court-appointed lawyer appointed for the child. Demonstrating a willingness to engage and address concerns can assist in progressing the matter.

Remain Child-Focused at all times

Focus on the child’s well-being, safety, and best interests. The Oranga Tamariki Act 1989 requires all parties to promote the well-being of children, protect them from harm, and support them within their families wherever possible. This will be at the forefront of the court’s mind when making decisions.

When will Oranga Tamariki not want to be involved?

Oranga Tamariki will generally seek to discontinue its involvement when the safety, stability, and care needs of the child are adequately met by the family, whānau, or alternative legal agreements.

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.

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.