When a child requires medical treatment, a parent may be required to give consent if the child is incapable of doing so.
The High Court noted in Department of Health and Community Services v JWB and SMB (1992) 175 CLR 218, that the reason a parent can give consent is because they are presumed to be acting in the best interests of the child.
This may mean that while a parent’s wishes regarding their child’s best interests could be a consideration, their power to enforce them might be limited by what is objectively in the child’s best interests.
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.