The Minister claims that 'If the parents of a child are legally separated, either parent can consent to medical treatment. However, if the Court, in dealing with the legal separation conferred sole custody on one parent, a condition or direction would normally attach with regard to medical treatment for the child.'
However, in the recent High Court case UV. -v- VU. (http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef30...), Mac Menamin J. stated that "I take the view that very great weight should be attached to the views of the custodial parent, but there can be no actual presumption that the views of that parent should hold sway with a court.
Cathal Garvey
Posted on 20 Feb 2012 7:14 pm
The Minister claims that 'If the parents of a child are legally separated, either parent can consent to medical treatment. However, if the Court, in dealing with the legal separation conferred sole custody on one parent, a condition or direction would normally attach with regard to medical treatment for the child.'
However, in the recent High Court case UV. -v- VU. (http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef30...), Mac Menamin J. stated that "I take the view that very great weight should be attached to the views of the custodial parent, but there can be no actual presumption that the views of that parent should hold sway with a court.