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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22322
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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A Child (3yr old girl) that is currently been monitored by

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A Child (3yr old girl) that is currently been monitored by CYF & a family group conference has been held & requirements & an action & safety plan were agreed. About 6 weeks after the FGC the mother has been approached by CYF explaining they feel the child needs to be removed temporarily due to a police call out to the mother & her partner. The child at the time wasn't in the mothers care so wasn't in danger or witness to anything. I was rung to collect the child as the person that was decided to be the first one to call on the safety plan to look after her (her Auntie) was working. I was at the FGC but are not a relative of the child. I was all so the person who was taking care of the child when he mother had a Police call out in relation to her partner. CYF agreed she can see this partner but he is not to have anything to do with her daughter. CYF now want another FGC to decided on where the child should remain until she is 18. The mother still currently has legal custody but is in jail, due out in 2 weeks. I have been looking after the child for 50 to 60% of the time for the last year, sometimes having 100% care. CYF were aware of this & were happy for me to do so. Now there is a 2nd cousins (woman) in another city who has custody of the mothers 6 year old son who is the child's half brother. The child doesn't have a relationship with them at all, has only seen them a couple of times. The cousin wants custody & has threaten that if CYF give her to anyone that isn't part of the whanau she will engage in legal action. CYF are all for this child to be given to the cousin who is also a social worker & are quietly working behind the scenes ready to implement it. The child is very ground where she is with preschool, swimming lessons, music classes, visits to her dad in Jail every weekend who will be paroled with in a year & wants to parent her, she has strong relationship with several family members & a brother & sister on her father side, all of the above has been implanted by me. I have been to every doctors & hospital specialist, dentist appointment in the last year. Have created new relationship with family members for her. We have a very strong bond which is noted by members of the FGC but just not CYS & the cousin. In the last 40 days before CFY asked the mother if they could remove her I had her for 25 of those days. Generally she is with me 3 to 4 days a week. I have documented everything. Do I have a chance of going for temporary custody? Do I need the FGC to agree?
Customer: replied 1 month ago.
Attached is a file of my involvement with the child.

You can apply for a parenting order but the problem will be opposition from CYFS. and the priority given to whanau over someone who is not a relation. The test is always what is in the best interests of the child, and that is not always easy to decide. You should certainly try but the disadvanyage of not being family will be an issue. The rest of what you describe appears really helpful. Your next step would need to get a lawyer to help make your application, and start the more formal process.

Customer: replied 1 month ago.
Can CYFS also apply for a parenting order even if the child is been cared for day to day by her Auntie which was the decision made by FGC if anything happened to the natural mother ie: she went to jail on a temporary basis but only for a few weeks. If CYFS are allowed to apply for a parenting order how long is this process usually take & must the mother who had custody although not in the last few weeks be notified by the court before parenting order is granted
Customer: replied 1 month ago.
I am part of the Family Group & have asked the new case manager who has just been appointed to the case but knows the mother & her mother from years ago, I asked what orders if any do they have in place as they have now limited my access to her no longer allowing her to stay the night when she was staying 3 to 4 nights a week. Remembering I take her swimming on Tuesdays, Preschool 3 days a week or her mum & music on Fridays. Have provided a safe & happy environment for her for nearly a year & CYF have visited & previous Case Manager was more than happy for her to stay with me 6 days a week but now say they are unable to tell me what they have in place but I am obliged to tell them whatever they ask & they couldn't reach me for an hour last Monday so were unaware where the girl was for 1.5hrs & if this happens again I will not be allowed to continue having her.
You will need to instruct a family lawyer who can help get better answers from CYFS. It does appear that there have been changes which have affected their thinking but you should be told
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