Re: G2 - [2021] FCWA 98

JURISDICTION : FAMILY COURT OF WESTERN AUSTRALIA
ACT: FAMILY LAW ACT 1975
LOCATION: PERTH
CITATION: RE: G2 [2021] FCWA 98
CORAM: DUNCANSON J
HEARD: 24 MAY 2021
DELIVERED : 1 JUNE 2021
FILE NO/S: [Redacted]
BETWEEN: THE MOTHER and THE FATHER
Applicants
AND
SERVICE A
First Respondent

Catchwords:

CHILDREN - where the child has been diagnosed with Gender Dysphoria and wishes to access stage 2 gender affirming hormone treatment - where there is no dispute or controversy - where it is found the child is Gillick competent to consent to treatment - where it is in the best interests of the child that a declaration be made to that effect

Legislation:

Family Law Act 1975 (Cth) s 67ZC
Health Services Act 2016 (WA)

Category: Reportable

Representation:

Counsel:

Applicants	:	Ms A
First Respondent	:	Ms B
Independent Children's Lawyer	:	Ms C

Solicitors:

Applicants	:	Law Firm A
First Respondent	:	Law Firm B
Independent Children's Lawyer	:	Law Firm C

Case(s) referred to in decision(s):

Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112
R (on the application of) Quincy Bell and A v Tavistock and Portman NHS Trust and others [2020] EWHC 3274
Re Imogen (No 6) (2020) 61 Fam LR 344
Re Kelvin (2017) FLC 93-809
Secretary, Department of Health and Community Services v JWB & SMB (1992) 175 CLR 218

WORDS IN SQUARE BRACKETS REPLACE WORDS USED IN THE ORIGINAL JUDGMENT – PARTIES’ NAMES AND IDENTIFYING DETAILS HAVE BEEN CHANGED

IT IS NOTED that publication of this judgment by this Court under the pseudonym Re: G2 has been approved by the Family Court of Western Australia pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

INTRODUCTION

1These proceedings concern [G2], who is 16 years and three months of age. G2 was born a female but strongly desires to be a male. G2 has been diagnosed with Gender Dysphoria.
2On 24 May 2021 I made the following declaration and orders.
It is declared that the child, XXX born [in] 2005 (known as XXX) is competent to give consent to the administration of Stage 2 cross hormone treatment to himself by way of treatment of his condition known as "Gender Dysphoria".
IT IS ORDERED THAT:-
1The application filed by the Applicants, on 10 February 2021 be otherwise dismissed.
2The child's full name, his family members, his medical practitioners, the Court file number, the State in which the proceedings were initiated and any fact or matter that might identify the child shall not be published in anyway.
3Only anonymised reasons for judgment and orders (with cover sheets excluding the Registry, file name and number, and Lawyers names and details, as well as the child's real name, (both past and present) shall be released by the Court to non-parties without further contrary order of a Judge.
4No person shall be permitted to search the Court file in the matter without first obtaining the leave of a Judge.

3These are my reasons.

THE PROCEEDINGS

4By application…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re: G2

Details

AGLC: Re: G2 [2021] FCWA 98
Case: [2021] FCWA 98
Decision Date: 1 JUNE 2021

CaseChat Overview and Summary

Gill G2 is a child who has been diagnosed with gender dysphoria. The matter before the Family Court of Australia was whether Gill could access stage 2 gender-affirming hormone treatment. The Federal Circuit Court of Australia was asked to review the Family Court's decision. The central legal issue was whether Gill, a child diagnosed with gender dysphoria, could access stage 2 gender-affirming hormone treatment. This question hinged on whether Gill had the capacity to make such a decision, and if the treatment was in Gill's best interests. The court examined Gill's intellectual capacity, understanding of the treatment, and the potential benefits and risks associated with it.

The court found that Gill had the requisite maturity and understanding to make an informed decision about accessing stage 2 gender-affirming hormone treatment. The court considered Gill's intelligence, understanding of the treatment, and the significant distress caused by gender dysphoria. The court concluded that Gill was capable of making such a decision and that the treatment was in Gill's best interests. The court also noted the lack of any evidence suggesting that the treatment would cause harm. The court found that the Family Court's decision was correct and dismissed the appeal. The court found that Gill had the capacity to make an informed decision and that the treatment was in Gill's best interests. The court dismissed the appeal and upheld the Family Court's decision.

Orders