Family Law

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Parents and Children

The Supreme Court gave judgment on 22 January 2021 on a case regarding the medical treatment of an 11-year-old boy who suffered life-changing neurological injuries. In doing so, the court took into consideration the rights of the child and the constitutional rights of the child’s parents. The court heard submissions on wardship and the rights of children.

The Supreme Court approved the ruling of the High Court in invoking its wardship jurisdiction because it was faced with a challenge as to the welfare of the minor and where the guardian ad litem appointed by the court to act as the voice of and on behalf of the minor took a view quite different from that of his parents regarding the medical treatment that was warranted and justified in the light of the pain from which he was then suffering.

However, it found that it did not consider it to be absolute and ruled to limit the scope of the wardship by giving directions as to the medical treatment of the minor without taking or vesting in the court all authority over the child.

It is a complex judgment and consulting your solicitor is essential where parents are in a dilemma regarding difficult decisions to be made with sick or injured children.