Read the full judgment text of FCMC 1637/2012 on BabelCite. This Family Court judgment was delivered on 24 March 2014 before Deputy District Judge G. Own.
Matrimonial Causes – Medical Treatment – ADHD – Best Interests of Children – Guardianship of Minors Ordinance – Parenting Decision – Delegation of Authority – District Court – FCMC 1637/2012 – Petitioner Mother sought orders to appoint Dr. Hannah Tsang as treating paediatrician for twins A and B diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and to administer medication prescribed. Father agreed to Dr. Tsang but required Dr. Jadis Blurton's support for medication. Children aged six, Mother has care and control, Father has conditional defined access. Court considered whether best interests served by immediate treatment without Dr. Blurton's support and whether order delegates parenting decision to doctor. Court held children's best interests paramount under Section 3 (1) of the Guardianship of Minors Ordinance, Cap.13. Father's requirement for Dr. Blurton's views was preference, not ground for objection if treatment in best interests. Court not delegating parenting decision; implementing treatment is parenting decision, but court intervenes if parents disagree. Orders granted appointing Dr. Tsang, permitting Petitioner to administer medication, requiring Respondent to administer during access, with Penal Notice endorsed. Costs reserved.
Legal issues: Best interests of children regarding medical treatment · Delegation of parenting decision to doctor
Outcome: Application granted in favour of Petitioner. Father's contention fails.
Cited by 6 cases