CYF ‘ deaf’ to father’s concerns, says judge

Children left living in alleged P lab despite dad’s repeated warnings

Two children living in an alleged methamphetamine lab were exposed to the criminal underworld because their father’s “cries for help” to CYF were ignored.

A Family Court judge criticised the government department for a string of failures in the custody battle and took the “exceptional” step of placing the siblings, aged 8 and 15, under the court’s guardianship.

The father gave repeated warnings about the new partner of his former wife but his “cries for help have fallen on deaf ears”, said Judge Belinda Pidwell.

His two children were living with their mother and a 34- year- old man previously jailed for possession of methamphetamine and firearms, including an AK- 47.

He was then arrested for possession of equipment to manufacture methamphetamine in February 2014 and released on bail.

The children’s father feared for their safety but his concerns were dismissed by the CYF social worker, who accepted the explanation given by the new partner.

“[ The accused] was honest about his charges. It i s my view these charges are not an area of concern regarding the children’s safety,” the social worker wrote.

Later that year, CYF was given a police intelligence report detailing his criminal history and describing him as a “person of interest” to the drug squad’s Asian Organised Crime unit.

Safety concerns for the children were also raised by Dr Sarah Calvert, a child psychologist appointed as the court’s expert for the case, in December 2014.

But the children continued to live with the convicted criminal, although this breached his bail conditions, until armed police raided the South Auckland home in July 2015.

He was one of seven people arrested in a covert investigation and the police allege methamphetamine was manufactured at the address where the children were living.

Three of those charged were living at the address with the children, although they later tested negative for traces of P.

The alleged ringleader has since pleaded guilty to the 2014 charges, and been jailed for two years, but is yet to stand trial on the more serious charges. He has pleaded not guilty to manufacturing methamphetamine, supplying methamphetamine and being a member of an organised criminal group.

Several luxury cars, registered in the name of the mother, have been seized by police under the proceeds of crime legislation.

But even after his second arrest, CYF sided with the mother.

The father, at one point the subject of protection orders which were later discharged, was described as “difficult” and a “larger- than- life” character during the court proceedings.

“However it is a parent’s primary responsibility to ensure that their child is safe,” Judge Pidwell wrote in her decision. “All of [ the father’s actions], which have eventuated in his suspicions being vindicated, must be seen in that light.”

In contrast, Judge Pidwell said the social workers took the mother’s assurances she had cut ties with her partner at face value.

She supported him at one of his court appearances, offered her home as a potential bail address and visited him in prison.

“[ The mother] showed an alarming lack of insight into the risks that she has exposed her children to by virtue of her association with [ her partner],” said Judge Pidwell.

“The choices she has made over the past two and a half years have not promoted the children’s best interests and welfare.”

Her ongoing denial of the risk was “supported” by CYF, said Judge Pidwell, which did not impose any consequences for the mother for failing to cut ties with her partner.

The father sought sole custody of both children, which was opposed by CYF. While the younger child, now 8, was happy in his care, the 15- year- old daughter did not want a relationship with him.

Calvert said he presented as an “angry, frustrated father whose very real concerns for his children had continually not been heard”.

His daughter’s reluctance to have contact with him was driven by being in the middle of the conflict between her parents.

However, CYF maintained the children should remain in the mother’s care until halfway through the Family Court hearing, when the lead social worker was being cross- examined by the father.

Judge Pidwell said this demonstrated a lack of “insight into the substantive and complex issues”.

“Due to the failures of the ministry to date and also the lack of faith [ the father] justifiably has in their ability to protect the children from ongoing exposure to harm, neglect and impairment, I consider that the only option for these children is to place them under the guardianship of the court.”

In a later order, she ruled the son should live with his father but the daughter was to stay with her mother under close monitoring by CYF, which in turn will report to the judge each month. The father plans to appeal against this.

The regional director for CYF, Sue Jarvis, said CYF took the judge’s concerns seriously but “things have moved on” as reflected in the subsequent direction to let the girl stay with her mother.

Social Development Minister Anne Tolley said she would expect CYF to review any cases where the appropriate course of action was not taken.

[ The mother] showed an alarming lack of insight into the risks that she has exposed her children to. Judge Belinda Pidwell