Re Ryder [2020] NSWSC 895

Re Ryder [2020] NSWSC 895

On the evidence before the Court, authorising chemotherapy is in Ryder's best interests—without it he faces a 40% risk of recurrence, with more dangerous and less likely successful treatment; with it, the risk drops to 10%. Parental objections, though rational and motivated by love, do not outweigh the specialist consensus and risk profile.

Parties
First Plaintiff: The Hospital; Second Plaintiff: Minister for Health; First Defendant: Ryder; Second Defendant: The Mother; Third Defendant: The Father
Jurisdiction
Australia
Judgment Date
10 July 2020
Procedural Posture
Child Welfare Application Parens Patriae / Substantive Judgment on Medical Treatment Authorisation
Outcome
Application granted; medical treatment authorised
Legal Topics
Parens Patriae Jurisdiction, Best Interests of the Child, Authorisation of Medical Treatment Over Parental Objection
Child Welfare Equity Health Law Parens Patriae Jurisdiction Best Interests of the Child Authorisation of Medical Treatment Over Parental Objection

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Parties

The Hospital

First Plaintiff

Minister for Health

Second Plaintiff

Ryder

First Defendant

The Mother

Second Defendant

The Father

Third Defendant

Procedural Posture

Child Welfare Application Parens Patriae / Substantive Judgment on Medical Treatment Authorisation

Legal Issues

  1. 1 Whether the Court should authorise chemotherapy for a child where the parents decline to consent
  2. 2 What is in the best interests of the child under the parens patriae jurisdiction

Ratio Decidendi

On the evidence before the Court, authorising chemotherapy is in Ryder's best interests—without it he faces a 40% risk of recurrence, with more dangerous and less likely successful treatment; with it, the risk drops to 10%. Parental objections, though rational and motivated by love, do not outweigh the specialist consensus and risk profile.

Court Disposition

Application granted; medical treatment authorised

Orders

  • The Hospital is authorised to administer six cycles of chemotherapy to Ryder without parental consent