Re: Angela (Special Medical Procedure)

FAMILY COURT OF AUSTRALIA

RE: ANGELA (SPECIAL MEDICAL PROCEDURE) [2010] FamCA 98

FAMILY LAW - Special medical procedures - best interest of the child - hysterectomy for 11 year old girl

Family Law Act 1975 (Cth)

The Secretary, Department of Health and Community Services v J W B and S M B [1992] HCA 15; (1992) 175 CLR 218 (6 May 1992) (Marion’s case)

APPLICANT: The Mother and The Father

Concerning a Child, Angela

FILE NUMBER OMITTED

DATE DELIVERED: 16 February 2010

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: THE HONOURABLE JUSTICE CRONIN

HEARING DATE: 16 FEBRUARY 2010

NAMES OF REPRESENTATIVES OMITTED

Orders

IT IS DECLARED:

1. That the performance of a hysterectomy on ANGELA is in the child’s best interests.

IT IS ORDERED:

1. That the Court authorises the performance of the procedure in paragraph (1) in the State of Queensland.

2. To the extent it is necessary to do so, the mother is authorised to consent to the said medical procedure.

3. That the solicitor for the applicant serve a copy of these orders and in due course the reasons, on the Director General, Department of Communities and the Director General, Queensland Health.

4. That otherwise all outstanding applications are dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Re: Angela (Special medical procedure) is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER OMITTED

The Mother and The Father

Applicant

And

Concerning a Child Angela

REASONS FOR JUDGMENT

1. Angela is almost 12 years of age.  She has Rett Syndrome.  For some years, her doctors have endeavoured to treat her to improve her life.  That has been largely unsuccessful.  What is now proposed is a hysterectomy which I accept will improve her quality of life.  Because of the irreversible nature of the surgery procedure, Queensland Health has required a court approval.  The court has given that for the reasons set out below.

Background

1. Angela is the third child of the mother and the father.  The mother and father married in South America and came to Australia in 1991.  All three of their children were born here. 

2. All of the evidence points to the admirable parenting task that the mother and father have fulfilled since Angela’s birth.  It has been a loving but onerous task because since her third birthday, Angela has been diagnosed with Retts Syndrome.

3. Retts Syndrome is a progressive neurological disorder that results in severe intellectual impairment, physical impairment and epilepsy.  In this case, Angela has all of those difficulties.

The evidence

1. The mother swore an affidavit which was filed and read into the proceedings.

2. The mother said that Angela cannot talk and has neither the coordination or the mental faculties to be able to use sign language.  Communication is therefore limited.  Angela acts as a three month old baby would. 

3. The mother said that Angela has some movement in her arms and legs but cannot control that movement.  She has to…