Applications to Court in child welfare matters
In Director Clinical Service, Child & Adolescent Health Service v
Kiszko & Anor [2016] FCWA 19 and 34 the Family Court of Western
Australia has ordered that a child undertake chemotherapy to treat a
rare form of cancer, contrary to the parent's wishes. The hospital had
brought the application, as it was concerned for the welfare of the
child. The parents had refused to allow chemotherapy and radiotherapy
as they were concerned about the quality of life it would provide to the
child. Ultimately the Court ordered chemotherapy, but agreed with the
parents regarding radiotherapy. Although not common, and despite the
slight differences in legislation between Western Australia and the rest
of the States, it will be interesting to see whether, given the recent
media attention on the Western Australian case, there is an increase in
these types of applications before the court.