Boswell & Boswell

In the matter of *Boswell & Boswell*, Bennett J of the Family Court of Australia considered a dispute between Mr and Ms Boswell concerning the parental responsibility for the health and medical treatment of their three children. The conflict specifically arose over the parents' disagreement regarding the choice of a psychologist to treat their eldest child, who had been excluded from a private school due to behavioural issues. The school required the child to undergo external psychological treatment and have a support plan in place for his re-introduction and future behaviour management.

The court was required to determine which parent should have sole parental responsibility for the children's medical and therapeutic treatment, particularly in relation to instructing a specific psychologist and paediatrician. The court also needed to address the practical arrangements for implementing any such orders, including how the parents would communicate and cooperate regarding the children's healthcare decisions.

Bennett J made orders granting the father sole parental responsibility for the medical and therapeutic treatment of the children, specifically authorising him to instruct Dr K, a psychologist, and Dr L, a paediatrician. These orders were made with specific provisions to allow the mother to continue taking the children for general medical and dental care, and to ensure the father considers the mother's views and provides her with notice of major decisions. The father was also made responsible for booking appointments and giving instructions to health professionals, with provisions for the mother's participation and opportunity to take the children to appointments. The court also made consequential orders by consent, amending existing arrangements for school holidays and passport applications, and ordering the father to enrol the children in football or soccer as they preferred.