24 January 2020
Family law – Parenting orders – Application to stop unnecessary medical procedure for a child
Our client is a father who has been denied access to his child. He has recently found out that the mother wants an unnecessary medical procedure performed on the child. What can we do to prevent this from happening? No legal proceedings have been commenced.
Thank you for the question.
An application needs to be made in the Federal Circuit Court for parenting orders. File an Initiating Application including an injunction against the medical procedure with an affidavit in support and Notice of Risk. In order to seek an urgent hearing, the client needs to produce as much evidence as possible to show that the mother plans to have the procedure performed.
An exemption from family dispute resolution under s 60I(9) of the Family Law Act will also be required.
Regards
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