I just posted a link to a very good article below about how the Family Court is not working for Trans kids. This is a very good article, it is however very unfair that families with Trans kids should be expected to mount serious challenges to the current situation through the Family Court and the High Court at a huge cost, as the article suggests. We need lawyers to support our trans youth and their families and support a campaign for justice! The Family Court judges are in a muddle, they are applying their child protection jurisdiction, when it comes to major medical treatment derived from Re Marion and later legislated, to a social minority of kids who would best be served by just allowing the Docs, families, psych, and most important the kids themselves to decide. Some of the family court decisions that can be read border on discrimination, the article talk about GILLICK competence, which is a test of whether a minor has the individual understanding and maturity to make important decisions, such as stage 2. There is a whole stream of case law where FC judges have made it completely evident that they dont believe any child can be competent to choose second stage permanent hormone transition. Yet they discuss in several cases how impressed they are with the kids the see. The Family Court knows that its position is oppressive to Trans kids and families. They know every time these issues come up, that they always get convincing evidence treatment is in the best interests of the child, they always say YES! Yet the families alway have to mount these cases if they want to move to support transition early. The Family Court want to have it resolved, we want it resolved for our kids! SA NAGS is full of old fogeys, But we support treatment, support and justice for trans kids and their families.
Posted on: Sun, 16 Nov 2014 22:37:32 +0000
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