Parents are often required to make decisions regarding medical treatment on their children’s behalf.
The parent’s wishes may not always be the final word in making the decision to provide treatment.
In the case of Minister for Health vs AS (2004) 29 WAR 517, Justice Pullin said:
“The question is not whether to respect the parent’s wishes. The role of the court is to exercise an independent and objective judgment and balance the advantage or disadvantage of the medical step under consideration. While the parents’ wishes may be relevant, they are not determinative.”
He then went on to say that:
“Where…the child will die if lifesaving treatment is not performed, which has a good prospect of a long-term cure, it is beyond doubt that it is in the child’s best interests to receive that treatment”.
Children’s matters can be complex. We therefore recommend you seek legal advice from one of our very experienced Perth family lawyers. We invite you to discuss your particular matter with our Legal Practitioner Director, Ms. Shannon Bodeker, who has been working in family law for over 20 years.
Prior to your first appointment, you may send us an email, fax or similar, outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment. We get to know you and your family law matter before we meet.
Please note this is not family law advice. It is important to seek advice specific to your circumstances. We are very experienced Perth family law solicitors and can provide you with the very best legal advice regarding children’s matters.
Email our Legal Practitioner Director, Shannon Bodeker at firstname.lastname@example.org, for your complimentary pre-read and first appointment at a reduced rate.