Narkis and Narkis (No 2)
Case
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[2016] FamCA 976
•31 October 2016
Details
AGLC
Case
Decision Date
Narkis and Narkis (No 2) [2016] FamCA 976
[2016] FamCA 976
31 October 2016
CaseChat Overview and Summary
In the matter of *Narkis and Narkis (No 2)*, Cronin J of the Family Court of Australia considered an application for parenting orders between the parties, Mr Narkis (the father) and Ms Narkis (the mother), concerning their child, E. The father, who is residing in the United States of America, sought access to information regarding E's medical treatment.
The primary legal issue before the court was the extent to which the father, as a parent, was entitled to receive information about his child's medical care, particularly given his geographical distance from Australia. This also involved determining the appropriate mechanism for facilitating the disclosure of such information and the legal authority for medical practitioners to provide it.
Cronin J reasoned that a parent is normally entitled to receive information about their child's health. To give effect to this principle, the court ordered that the mother forthwith provide instructions to any medical practitioner treating E, authorising them to disclose information to the father as a parent would normally be entitled to receive. In the event that the mother had not provided such instructions, the court declared that a copy of the order itself would serve as sufficient warrant for medical practitioners to provide the information to the father. The court also made provision for the service of this order and confirmed the father's entitlement to provide a copy to medical practitioners for the purposes of section 121 of the *Family Law Act 1975* (Cth). The application for parenting orders was adjourned for the purpose of fixing the matter for trial and determining whether property proceedings should be consolidated.
The primary legal issue before the court was the extent to which the father, as a parent, was entitled to receive information about his child's medical care, particularly given his geographical distance from Australia. This also involved determining the appropriate mechanism for facilitating the disclosure of such information and the legal authority for medical practitioners to provide it.
Cronin J reasoned that a parent is normally entitled to receive information about their child's health. To give effect to this principle, the court ordered that the mother forthwith provide instructions to any medical practitioner treating E, authorising them to disclose information to the father as a parent would normally be entitled to receive. In the event that the mother had not provided such instructions, the court declared that a copy of the order itself would serve as sufficient warrant for medical practitioners to provide the information to the father. The court also made provision for the service of this order and confirmed the father's entitlement to provide a copy to medical practitioners for the purposes of section 121 of the *Family Law Act 1975* (Cth). The application for parenting orders was adjourned for the purpose of fixing the matter for trial and determining whether property proceedings should be consolidated.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Discovery
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Remedies
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Most Recent Citation
Narkis & Narkis (No 3) [2019] FamCA 278
Cases Citing This Decision
2
Narkis & Narkis (No 3)
[2019] FamCA 278
Narkis and Narkis and Anor (No. 2)
[2018] FamCA 1026
Cases Cited
0
Statutory Material Cited
1