H v P1 and P2 [2018] NSWSC 1676

H v P1 and P2 [2018] NSWSC 1676

Given the unanimous medical evidence, the court was satisfied that granting authority for surgery was manifestly in the best interests of C, as there was a substantial prospect of navigational vision with surgery and certain blindness without intervention, and the risks were not disproportionate. The court's parens patriae jurisdiction was appropriately invoked.

Parties
Plaintiff: H; First Defendant: P1; Second Defendant: P2; Child: C; Independent Legal Representative of the Child: NSW Legal Aid
Jurisdiction
Australia
Judgment Date
02 November 2018
Procedural Posture
Originating Summons / Final Orders
Outcome
Application granted
Legal Topics
Parens Patriae, Consent to Medical Treatment, Best Interests of the Child, Urgent Medical Procedure
Equity Children's Law Parens Patriae Consent to Medical Treatment Best Interests of the Child Urgent Medical Procedure

Case Brief

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Parties

H

Plaintiff

P1

First Defendant

P2

Second Defendant

C

Child

NSW Legal Aid

Independent Legal Representative of the Child

Procedural Posture

Originating Summons / Final Orders

Legal Issues

  1. 1 Whether the proposed eye surgery is in the best interests of the child, C, contrary to the absence of parental consent
  2. 2 Scope of the court's parens patriae jurisdiction to authorise medical treatment for a child

Ratio Decidendi

Given the unanimous medical evidence, the court was satisfied that granting authority for surgery was manifestly in the best interests of C, as there was a substantial prospect of navigational vision with surgery and certain blindness without intervention, and the risks were not disproportionate. The court's parens patriae jurisdiction was appropriately invoked.

Court Disposition

Application granted

Orders

  • The Court authorises H (the Hospital), by the medical, nursing and other staff employed or retained for the purpose, to perform on C the ophthalmic surgical procedure known as pars plana vitrectomy and to undertake any associated intervention, care or treatment, as they consider in their medical judgment to be...