Re Paul [2008] NSWSC 960

Re Paul [2008] NSWSC 960

On the medical evidence, there was a better than even chance that transfusion would be necessary during chemotherapy and, if dangerous blood depression occurred without transfusion, the situation would be life threatening. The child's welfare required the Court's consent to be given in lieu of parental consent. The order was not premature because waiting until an imminent life-threatening emergency could endanger the child, and wardship was unnecessary because the parents had otherwise cooperated and indicated they would obey a Court order.

Jurisdiction
Australia
Judgment Date
10 September 2008
Procedural Posture
Application to Substitute the Consent of the Court for the Consent of the Parents of a Child to Administration of Medical Treatment by Blood Transfusion / Principal Judgment
Outcome
Consent by Court granted to treatment of infant by blood transfusion in lieu of consent of parents; wardship order not made.
Legal Topics
['parens Patriae Jurisdiction' 'child Welfare' 'medical Treatment of Infants' 'blood Transfusion' 'wards of Court' "jehovah's Witnesses"]
['family Law and Child Welfare' 'equity' 'protective Jurisdiction'] ['parens Patriae Jurisdiction' 'child Welfare' 'medical Treatment of Infants' 'blood Transfusion' 'wards of Court' "jehovah's Witnesses"]

Case Brief

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Procedural Posture

Application to Substitute the Consent of the Court for the Consent of the Parents of a Child to Administration of Medical Treatment by Blood Transfusion / Principal Judgment

Legal Issues

  1. 1 ["Whether the Court should give consent in lieu of the parents' consent to blood transfusion treatment for an infant diagnosed with an unresectable abdominal neuroblastoma." 'Whether the order was premature because a transfusion was not immediately required.' 'Whether the child should be made a ward of Court before making a treatment order.']

Ratio Decidendi

On the medical evidence, there was a better than even chance that transfusion would be necessary during chemotherapy and, if dangerous blood depression occurred without transfusion, the situation would be life threatening. The child's welfare required the Court's consent to be given in lieu of parental consent. The order was not premature because waiting until an imminent life-threatening emergency could endanger the child, and wardship was unnecessary because the parents had otherwise cooperated and indicated they would obey a Court order.

Court Disposition

Consent by Court granted to treatment of infant by blood transfusion in lieu of consent of parents; wardship order not made.

Orders

  • ["The Court's consent in lieu of the parents' consent was given to treatment by transfusion." 'The parents were ordered to bring the child for treatment by way of transfusion if required to do so on the recommendation of Dr Stevens or his substitute.' 'No order was made that the child be a ward of Court.']