NSW Taking Son to Paediatrician - Can Other Party Refuse Consent?

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James07

Active Member
13 January 2016
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Do I need consent due to shared parenting family court orders from the other party if I take my son to a paediatrician and can they refuse if I do? I've checked out S. 65DAC of fla 1975 and think I'm safe ?
 

Lance

Well-Known Member
31 October 2015
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123
2,394
My understanding of the Family Law Act and in particular S65 DAC and DAE is that decisions that have no long term effect such as a doctors visit for a cold would not need both parents to agree. If, however, your intent was to take your child to a paediatrician to have them diagnosed with a ongoing medical condition and be prescribed with ongoing medication (ADHD and the like), this would require agreement from both parties.

If you believe there is some reason for your child to see a paediatrician and both parties can not reach an agreement, its best not to try to back door the other party. They would likely have grounds to establish a breach of the parenting orders. It might be best in this case to seek to vary the parenting orders or have the court agree on your proposed action.
 

sammy01

Well-Known Member
27 September 2015
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Yep, there might be a breach but it would be up to the other parent to convince the judge that it was deliberate and naughty. If, however, the child needs treatment or even if he doesn't, then it would be easy to establish that the intent of the appointment was in the best interest of the child... So even if the doctor says the kid is OK - well good - better to seek medical advice if concerned than not to.

Take the kid to the doctor - it would be a waste of time for the ex to try and take you back to court over it.