NSW Unable to Discuss Son's Developmental Issues with Mother - Family Law?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Mylife

Well-Known Member
16 December 2015
66
1
204
I'd like to hear from anyone that has information on the best way to approach an issue we have.

My husband and I have been concerned over some issues his son has had/is having. There have been speech issues ongoing for quite some time. We have raised these concerns repeatedly with his mum, however, she takes any concerns as a personal insult to her as a parent.

It has become apparent as he is getting older that his speech still appears delayed and he seems to have some social / communication delays. For example, he barely interacts, makes very little conversation. Always answers with yes/no or I forgot. Seems to have very little interest in anything, other than play station. School reports indicate he is falling well below average.

How do we go about getting help for him? Having some psychological testing done? Possibly counselling, or whatever is needed really when his mum is so dismissive. It is not at all possible to discuss these concerns nor is it "right" for his dad to go ahead and seek professional help without consulting with his mum.

Under Family Law, do we need legal assistance for this?
 

Victoria S

Well-Known Member
9 April 2014
518
58
2,289
Hi Mylife,

As far as I can see this really is more of a personal issue rather than a legal one.

The law’s main concern is to make sure a child’s best interests are met and it encourages parents and other people interested in a child’s welfare to agree on arrangements. Medical treatment is something that a court expects parents to work out under shared parental responsibility - this imposes on parents an obligation to consult on long-term issues such as health, religion, education etc, and they are generally not inclined to intervene in these matters.
 

Mylife

Well-Known Member
16 December 2015
66
1
204
Thank you for your response. In theory, this all sounds very logical and reasonable. However, as we are very limited in time with the children, it is near impossible to have specialist appointments booked etc. The other parent just refuses point blank to communicate. We get the very basics, for example travel arrangements only.
 

AllForHer

Well-Known Member
23 July 2014
3,664
682
2,894
I agree, this isn't a legal issue, so if I may speak from a personal perspective...

If dad has tried to consult with mum about his concerns and she refuses to engage dad on it, then he's got a choice: act without consent, or do nothing.

Consider the pros and cons of action against the pros and cons of inaction.

If dad took action, booked in with a specialist and kept the mother informed, would she likely take dad back to court to intervene on the child seeing, for example, a speech therapist?

Or would she get worked up for a while and then let it go?

If dad didn't act, what's the consequence to the child? Probably an easily avoidable disadvantage in the classroom, but also no need for mum to either pursue court proceedings or get worked up.

Just make sure whatever path he takes, he's acting in the best interests of the child.