Re Imogen (No 6)

In the Family Court of Australia, Justice Watts considered a dispute between the parents of Imogen, a child diagnosed with Gender Dysphoria. Imogen was undergoing puberty suppression medication and wished to commence stage 2 gender-affirming hormone treatment. While Imogen's father supported this progression, her mother disputed Imogen's diagnosis and her capacity to consent to treatment, seeking an order for alternative treatment.

The court was required to determine whether a court application was mandatory when there was a dispute regarding consent or treatment for a child experiencing Gender Dysphoria. Further, the court had to ascertain if Imogen, if found to be Gillick competent, could make her own treatment decisions, and if not, what orders were in the best interests of the child. The court also considered the implications of the 2020 Australian Standards and guidelines and current research on the diagnosis and treatment of Gender Dysphoria.

Justice Watts reasoned that where there is a dispute about treatment, the consent of the adolescent alone is insufficient, and a court application is mandatory. The court found that Imogen had Gender Dysphoria and was Gillick competent. However, given the parental dispute, the court determined that an order authorising or not authorising treatment was necessary under s 67ZC of the *Family Law Act 1975* (Cth) to serve Imogen's best interests. The court noted that medical practitioners should not administer stage 2 treatment without parental consent or court approval.

The court ordered that the proposed stage 2 treatment for Imogen, involving the administration of oestrogen as defined by her treating medical practitioners, was authorised. Additionally, orders were made regarding the father's facilitation of Imogen's attendance at a specific program and his obligation to provide monthly updates to the mother concerning Imogen's health and education. The parties were also granted liberty to provide a copy of the reasons for judgment to relevant institutions and professionals.