Re: Addison (No. 2)

[2021] FamCA 582

FAMILY COURT OF AUSTRALIA

Re: Addison (No. 2) [2021] FamCA 582

File number(s):

File number has been suppressed

Judgment of:

HOWARD J

Date of judgment:

20 April 2021

Catchwords:

FAMILY LAW – MEDICAL PROCEDURES – application for subject child to be present during course of proceedings pursuant to s.100B of the Family Law Act 1975 (Cth) –where the subject child is sufficiently mature to be present during any hearing of these proceedings – leave granted

Legislation:

Family Law Act 1975 (Cth) s 100B

Cases cited:

Re Shane (Gender Dysphoria) [2013] FamCA 864

Re Jordan [2015] FamCA 175

Re Lucas [2016] FamCA 1129

Number of paragraphs:

8

Date of last submission/s:

20 April 2021

Date of hearing:

20 April 2021

Representation:

The names of legal practitioners have been suppressed

ORDERS

BETWEEN:

THE MOTHER

Applicant

AND:

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	HOWARD J
DATE OF ORDER:	20 APRIL 2021

THE COURT ORDERS UNTIL FURTHER ORDER:

1.That pursuant to section 100B(2) of the Family Law Act 1975 (Cth), leave is granted for the child Addison born … 2004 to be present in the Courtroom during these proceedings, whether in person or by way of electronic means.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Re Addison has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

A.         These reasons were delivered ex tempore on 20 April 2021 and have been settled and corrected for grammatical errors in order to convey the precise intention of the Court.

HOWARD J:

1. The matter before the Court was commenced last week on 13 April 2021, and I delivered ex tempore reasons for judgment which were read into the record again today for the benefit of the Independent Children’s Lawyer (“ICL”) and her counsel, whom I appointed on 13 April 2021 for the child in these proceedings, whose name is Addison.  Addison was born in 2004, and Addison has been diagnosed with gender dysphoria.  Stage 1 treatment has commenced.  Stage 2 treatment is proposed.  The Court’s authorisation for stage 2 treatment is required because the father has not yet been joined to the proceedings.  He has not been given any notice of the proceedings.

2. The child has expressed wishes and views to Dr B, the psychiatrist.  The child wishes to go ahead with stage 2 treatment.  The child is 16 years old.  The mother of the child, the applicant, supports the child and supports the stage 2 treatment, and orders were made last week for the appointment of an ICL.  That order also indicated (by way…