Re Jordan - [2015] FamCA 175

FAMILY COURT OF AUSTRALIA

RE: JORDAN

[2015] FamCA 175

FAMILY LAW – CHILDREN – MEDICAL PROCEDURES – Where the applicants are the parents of a 16 year old child diagnosed with Gender Dysphoria – Where the child was born female and identifies as being male – Where the experts agree the child is not Gillick competent – Where an order is sought authorising the applicants to consent to the child undergoing Stage 2 treatment – Where Stage 2 treatment carries significant risks and has irreversible effects – Where it is undisputed by the parents and medical experts that it is in the best interests of the child to undergo Stage 2 treatment – Application granted.

Family Law Act1975 (Cth)
Evidence Act 1995 (Cth)
Family Law Rules 2004 (Cth)

Gillick v West Norfolk A.H.A [1986] AC 112
Re: Jamie (2013) FLC 93-547
Secretary, Department of Health and Community Services v JWB and SMB (“Marion’s Case”) (1992) 175 CLR 218

APPLICANTS:

The Father and
The Mother

INTERVENER:

Relevant State Government Department

FILE NUMBER: By Court Order File Number is suppressed

DATE DELIVERED:

12 March 2015

JUDGMENT OF:

Kent J

HEARING DATE:

12 March 2015

REPRESENTATION

By Court Order the names of counsel and solicitors have been suppressed

Orders

IT IS ORDERED THAT:

Leave is given for the Court to be closed today for the hearing and determination of these proceedings.
Pursuant to s 100B(1) of the Family Law Act 1975 (Cth), leave is given for the affidavit of the child, JORDAN born on … 1998 (“the child”), to be filed and read today.
Pursuant to S 100B(2) of the Family Law Act 1975 (Cth), leave is given for the child to be present in Court today for the hearing and determination of these proceedings.
Leave is given for the relevant State Government Department to intervene in these proceedings.

IT IS FURTHER ORDERED THAT:

Pursuant to s 67ZC of the Family Law Act 1975 (Cth) the Court authorises the Applicants, the Father and the Mother, to consent to treatment on behalf of the child under the guidance of the child’s treating medical practitioners including but not limited to his endocrinologist Professor X and his psychiatrist Dr T, for the administration of Intramuscular Primoteston (testosterone enanthate) in such dose, in such manner and with such frequency as determined in consultation with the treating medical practitioners to achieve male puberty.
The full name of the child, the child’s family members and their occupations, the hospital, the child’s medical practitioners, the child’s school, this Court’s file number, the State of Australia in which the proceedings were initiated, the name of the parents’ lawyers, and any other fact or matter that may identify the child shall not be published in any way, and only anonymised Reasons for Judgment and Orders (with cover-sheets excluding the Registry, file number, and lawyers’ names and details, as well as the parties’ real names) shall be released by the Court to non-parties without further contrary Order of a Judge, it being…

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 Jordan

Details

AGLC: Re Jordan [2015] FamCA 175
Case: [2015] FamCA 175
Decision Date: 12 March 2015

CaseChat Overview and Summary

In the matter of *Re Jordan*, Kent J of the Family Court of Australia considered an application concerning the medical treatment of a child. The proceedings involved the child, referred to as Jordan, and the child's parents, the Father and the Mother, who were the applicants. A relevant State Government Department sought and was granted leave to intervene in the proceedings.

The central legal issues before the Court were whether to grant leave for the child's affidavit to be filed and read, for the child to be present in Court, and crucially, whether to authorise the parents to consent to medical treatment for the child. This treatment involved the administration of Intramuscular Primoteston (testosterone enanthate) to achieve male puberty, under the guidance of the child's treating medical practitioners, including an endocrinologist and a psychiatrist. The Court also had to consider orders for the non-publication of identifying details of the child and the proceedings.

Kent J applied provisions of the *Family Law Act 1975* (Cth), specifically sections 100B(1) and (2) regarding the child's participation in proceedings, and section 67ZC concerning the Court's authority to make orders for the welfare of a child. The Court reasoned that authorising the parents to consent to the specified medical treatment was in the best interests of the child, as determined in consultation with the child's medical specialists. The Court also made extensive orders to protect the child's privacy, prohibiting the publication of any identifying information and restricting access to the Court file.

Orders

Orders of the court

IT IS ORDERED THAT:

Leave is given for the Court to be closed today for the hearing and determination of these proceedings.

Pursuant to s 100B(1) of the Family Law Act 1975 (Cth), leave is given for the affidavit of the child, JORDAN born on … 1998 (“the child”), to be filed and read today.

Pursuant to S 100B(2) of the Family Law Act 1975 (Cth), leave is given for the child to be present in Court today for the hearing and determination of these proceedings.

Leave is given for the relevant State Government Department to intervene in these proceedings.

IT IS FURTHER ORDERED THAT:

Pursuant to s 67ZC of the Family Law Act 1975 (Cth) the Court authorises the Applicants, the Father and the Mother, to consent to treatment on behalf of the child under the guidance of the child’s treating medical practitioners including but not limited to his endocrinologist Professor X and his psychiatrist Dr T, for the administration of Intramuscular Primoteston (testosterone enanthate) in such dose, in such manner and with such frequency as determined in consultation with the treating medical practitioners to achieve male puberty.

The full name of the child, the child’s family members and their occupations, the hospital, the child’s medical practitioners, the child’s school, this Court’s file number, the State of Australia in which the proceedings were initiated, the name of the parents’ lawyers, and any other fact or matter that may identify the child shall not be published in any way, and only anonymised Reasons for Judgment and Orders (with cover-sheets excluding the Registry, file number, and lawyers’ names and details, as well as the parties’ real names) shall be released by the Court to non-parties without further contrary Order of a Judge, it being noted that each party shall be handed one full copy of these Orders with the relevant details included, for provision to the treating medical practitioners and to enable their execution, and one cover-sheet of Reasons for Judgment that includes the file number and lawyers’ names.

No person shall be permitted to search the Court file in this matter without first obtaining the leave of a Judge.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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