Re: Ashley

Case

[2015] FamCA 373

22 May 2015


Details
AGLC Case Decision Date
Re: Ashley [2015] FamCA 373 [2015] FamCA 373 22 May 2015

CaseChat Overview and Summary

In the matter of *Re: Ashley*, heard before Thornton J, the court considered an application concerning the medical treatment of a child, Ashley, who was born in 1998. The applicant was Ashley's grandmother, and the dispute centred on Ashley's capacity to consent to medical treatment for Gender Identity Dysphoria.

The primary legal issue before the court was to determine whether Ashley was competent to consent to the proposed medical treatments for Gender Identity Dysphoria. These treatments included monthly intramuscular injections of Sustanon 250, potentially increasing in dose, and long-acting Reandron 1000 injections every three months, with the possibility of long-term adjustments. The court also had to consider any other hormone, psychiatric, or psychological treatments recommended by Ashley's treating medical practitioners.

Thornton J applied the principles of assessing a minor's capacity to consent to medical treatment, which requires the minor to demonstrate sufficient understanding and intelligence to comprehend the nature and consequences of the proposed treatment. The court was satisfied that Ashley possessed this competence. Consequently, the court authorised Ashley to make his own decisions regarding the specified medical treatment. The applicant grandmother was granted liberty to provide unanonymised copies of the orders and reasons to all involved in Ashley's treatment. The initiating application was otherwise dismissed, and the matter was removed from the court's list.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Consent

  • Jurisdiction

  • Standing

  • Judicial Review

  • Natural Justice

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