Re: G4 - [2021] FCWA 102

JURISDICTION : FAMILY COURT OF WESTERN AUSTRALIA
ACT: FAMILY LAW ACT 1975
LOCATION: PERTH
CITATION: RE: G4 [2021] FCWA 102
CORAM: DUNCANSON J
HEARD: 25 MAY 2021
DELIVERED : 4 JUNE 2021
FILE NO/S: [Redacted]
BETWEEN: THE MOTHER
Applicant
AND
THE FATHER
First Respondent
AND
SERVICE A
Second Respondent

Catchwords:

CHILDREN - where the child has been diagnosed with Gender Dysphoria and wishes to access stage 1 puberty blocking treatment - where the father's whereabouts is unknown - where the mother consents to the treatment - 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 - where it is in the best interests of the child that his given name be changed

Legislation:

Family Law Act 1975 (Cth) s 60CC, s 67ZC
Health Services Act 2016 (WA)

Category: Reportable

Representation:

Counsel:

Applicant	:	Ms A
First Respondent	:	No Appearance
Second Respondent	:	Ms B
Independent Children's Lawyer	:	Ms D

Solicitors:

Applicant	:	Law Firm A
First Respondent	:	Self-Represented Litigant
Second 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: G4 has been approved by the Family Court of Western Australia pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

1These proceedings concern [G4] who is 14 years and five months of age. G4 was born a female but strongly desires to be a male. G4 has been diagnosed with Gender Dysphoria.
2On 25 May 2021 I made the following orders and declaration.
1Service of the amended initiating application of the Applicant, XXX filed XXX upon the First Respondent, XXX be dispensed with.
2The proposed administration of stage 1 hormone blocker treatment to the child, XXX, (known as XXX) born XXX in such dose and manner and with such frequency is determined by the child's treating medical team at [Hospital A] be authorised by order of this Court.

It is declared that the Court having found that it is in the best interests of the child XXX born XXX that the child's given names be changed and that the said child henceforth be known as XXX.
4The Registrar of Births Deaths and Marriages Western Australia, do effect the required change to the said child's birth registration pursuant to the above order.
5The child’s full name, family members, medical…

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: G4

Details

AGLC: Re: G4 [2021] FCWA 102
Case: [2021] FCWA 102
Decision Date

CaseChat Overview and Summary

These proceedings concern [G4], who is 14 years and 5 months of age. G4 was born a female but strongly desires to be a male. G4 has been diagnosed with Gender Dysphoria. G4's mother, the applicant, seeks orders in the following terms: that service of the amended initiating application upon the first respondent, G4's father, be dispensed with; that the proposed administration of stage 1 hormone blocker treatment to G4 be authorised by the Court; and that G4's name be changed. G4's father has not been involved in G4's life since 2019 and the Court dispensed with service upon him. The second respondent, the health service provider for Hospital A, does not oppose the orders sought but submits it does not consent to the treatment orders at this time. The Independent Children's Lawyer supports the orders sought by the applicant. The Court found G4 to be Gillick competent to consent to stage 1 treatment and that it was in G4's best interests to authorise the treatment and change his name.

Orders