Ts & DS v Sydney Children's Hospital Network ("Mohammed's case")

The case involved Ts & DS, the parents of a terminally ill child, Mohammed, who were in dispute with the Sydney Children's Hospital Network over the medical treatment their son should receive. The parents sought to have their son removed from life-sustaining treatment and to be cared for at home, while the hospital maintained that continued treatment was in the child's best interests. The matter was heard in the Family Court of Australia.

The court was required to determine the appropriate course of action for Mohammed's medical treatment, considering the best interests of the child as the paramount consideration. The court had to weigh the medical evidence and expert opinions presented by both parties and assess the impact of the proposed treatments on the child's quality of life. Additionally, the court had to consider the parents' wishes and the child's own wishes, if ascertainable, in light of the principle of parens patriae.

In delivering the judgment, the court acknowledged the difficult and sensitive nature of the decision. It recognised the importance of the child's best interests and considered the medical evidence and expert opinions presented by both parties. The court ultimately concluded that it was in Mohammed's best interests to continue with life-sustaining treatment. The court found that the proposed treatment plan, which included palliative care, would provide the child with the best possible quality of life, despite his terminal condition. The parents' wishes were taken into account, but the court determined that they should be subordinate to the child's best interests.

The court made orders that Mohammed should remain under the care of the Sydney Children's Hospital Network, with the implementation of the treatment plan as proposed by the hospital. The court also ordered that the parents and the hospital work together to ensure that Mohammed's care was provided in a manner that respected his dignity and comfort.