NSW Not Consenting to Child's Surgery Legal under Family Law?

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15 September 2015
We currently do not have any family court orders associated with our child and have been separated for many years. I have primary care of the child and organise and pay for all medical, and everything else. I keep the other partner informed and they have access to all medical records and doctors (however they have chosen not to speak to them).

My child requires surgery on the recommendation of their specialists. The other party will not consent, just says no and will not speak to the specialists to have their questions answered. My question is, I am moving forward with the surgery as it is in my child's best interests and on the advice of their specialists.

Legally under Family Law is this wrong? Are they endangering our child by not consenting? Thoughts?


If you can't get him to provide his consent, maybe you could arrange a family mediation session to sort out the issue. You could formulate a list of questions that he wants answers to from the specialist before providing consent or something like that. Otherwise I would think that you could apply for a court order. You could at least threaten this and tell him that he will have to pay the costs if you have to go ahead with it? Might make him consent.