Child Psychiatrist
Court or Tribunal: Family Court of Australia
Catchwords: Allegations of Child Abuse, Child Abuse, Complaint against ICL, Emotional Abuse, False Allegations of Child Abuse, Falsified Documents, Risk of Psychological Harm, Sole Parental Responsibility, Unacceptable Risk, Unsubstantiated Allegations
Judges: Rees J
Background: The parents separated in January 2009 when the children were three and eight weeks old, respectively. The mother moved away from the matrimonial home with the children, who lived with her. This case has a signification history of litigation since then, culminating into these proceedings. In this case, the mother has made serious allegations of child sexual abuse by the father against a child of the marriage. As a result she has requested that the children live with her and that any time that the children spend with the father be supervised. After investigation, the allegations were deemed to be 'false'. The family report went so far as to recommend that the children be 'immediately' removed from the mother's care because of her unrepentant beliefs that the father was a paedophile
[Legal Issue]This case hinged on whether the allegations made by the mother that the father had sexually abused the child or children of the marriage were reliable and plausible to the extent that they would raise the issue of "unacceptable risk".
The family courts responsibility is not to determine whether child sexual abuse did or did not occur, unlike the criminal courts. However when faced with an allegation of child sexual abuse, it refers to the standard of proof of "unacceptable risk".
[Court Orders]-That X (“X”) born ... 2005 and Y (“Y”) born ... 2008 (“the children”) live with their father, Mr Rowe (“the father”).
-That the father have sole parental responsibility for the children.
-That the father inform Ms Helbig (“the mother”) in writing (including by email or text message) as soon as practical of any specialist medical appointments for either of the children with any medical consultant.
-That the father do all acts and things to ensure that the mother is provide
Catchwords: Allegations of Child Abuse, Child Abuse, Complaint against ICL, Emotional Abuse, False Allegations of Child Abuse, Falsified Documents, Risk of Psychological Harm, Sole Parental Responsibility, Unacceptable Risk, Unsubstantiated Allegations
Judges: Rees J
Background: The parents separated in January 2009 when the children were three and eight weeks old, respectively. The mother moved away from the matrimonial home with the children, who lived with her. This case has a signification history of litigation since then, culminating into these proceedings. In this case, the mother has made serious allegations of child sexual abuse by the father against a child of the marriage. As a result she has requested that the children live with her and that any time that the children spend with the father be supervised. After investigation, the allegations were deemed to be 'false'. The family report went so far as to recommend that the children be 'immediately' removed from the mother's care because of her unrepentant beliefs that the father was a paedophile
[Legal Issue]This case hinged on whether the allegations made by the mother that the father had sexually abused the child or children of the marriage were reliable and plausible to the extent that they would raise the issue of "unacceptable risk".
The family courts responsibility is not to determine whether child sexual abuse did or did not occur, unlike the criminal courts. However when faced with an allegation of child sexual abuse, it refers to the standard of proof of "unacceptable risk".
[Court Orders]-That X (“X”) born ... 2005 and Y (“Y”) born ... 2008 (“the children”) live with their father, Mr Rowe (“the father”).
-That the father have sole parental responsibility for the children.
-That the father inform Ms Helbig (“the mother”) in writing (including by email or text message) as soon as practical of any specialist medical appointments for either of the children with any medical consultant.
-That the father do all acts and things to ensure that the mother is provide
Court or Tribunal: Full Court of the Family Court of Australia
Catchwords: Appeal, Gender Identity Dysphoria
Judges: Bryant CJFinn JStrickland J
Background: The child concerned, “Jamie”, aged almost 11 years at the time of hearing, was diagnosed as having childhood gender identity disorder. At first instance, the parents were asking the court to authorise them to consent to treatment on behalf of Jamie, under the guidance of Jamie’s treating medical practitioners, for the administration of particular drugs designed to achieve suppression of certain hormones affecting the development of male features and particularly the onset of male puberty. The treatment, which occurs in two stages, comprises administration of puberty-suppressant hormones (stage one) and oestrogen (stage two), and is common to children who are diagnosed with this condition. The treatment would enable Jamie, born a male, to live in her affirmed sex as a female.
[Legal Issue]The first ground asserts that childhood gender identity disorder is not a special medical procedure which displaces the parental responsibility of the Appellants to decide upon the appropriate treatment for their child.
The second ground, in the alternative, asserts that the Applicant Mother and Applicant Father be authorised to consent to the following special medical procedures on behalf of their child, ... (“Jamie”), being (i) he administration of puberty suppressant hormones, and (ii) additional treatment of oestrogen as may be considered appropriate by Jamie’s treating Endocrinologist.
[Court Orders]The appeal be allowed.
Order 1 of the orders made by the Honourable Justice Dessau on 28 March 2011 be set aside.
There be no order for costs.
Catchwords: Appeal, Gender Identity Dysphoria
Judges: Bryant CJFinn JStrickland J
Background: The child concerned, “Jamie”, aged almost 11 years at the time of hearing, was diagnosed as having childhood gender identity disorder. At first instance, the parents were asking the court to authorise them to consent to treatment on behalf of Jamie, under the guidance of Jamie’s treating medical practitioners, for the administration of particular drugs designed to achieve suppression of certain hormones affecting the development of male features and particularly the onset of male puberty. The treatment, which occurs in two stages, comprises administration of puberty-suppressant hormones (stage one) and oestrogen (stage two), and is common to children who are diagnosed with this condition. The treatment would enable Jamie, born a male, to live in her affirmed sex as a female.
[Legal Issue]The first ground asserts that childhood gender identity disorder is not a special medical procedure which displaces the parental responsibility of the Appellants to decide upon the appropriate treatment for their child.
The second ground, in the alternative, asserts that the Applicant Mother and Applicant Father be authorised to consent to the following special medical procedures on behalf of their child, ... (“Jamie”), being (i) he administration of puberty suppressant hormones, and (ii) additional treatment of oestrogen as may be considered appropriate by Jamie’s treating Endocrinologist.
[Court Orders]The appeal be allowed.
Order 1 of the orders made by the Honourable Justice Dessau on 28 March 2011 be set aside.
There be no order for costs.
Court or Tribunal: Childrens Court of New South Wales
Catchwords: Child Abuse, Parental Disorders, Psychological Disorders, Risk of Psychological Harm
Judges: Magistrate Graham Blewitt AM
Background:
[Legal Issue]
[Court Orders]
Catchwords: Child Abuse, Parental Disorders, Psychological Disorders, Risk of Psychological Harm
Judges: Magistrate Graham Blewitt AM
Background:
[Legal Issue]
[Court Orders]