The Minister is obviously perplexed when it comes to Guardianship issues. The document http://www.hse.ie/eng/services/Publications/services/Childre... indicates that BOTH LEGAL GUARDIANS must give consent whereas the document http://www.lenus.ie/hse/bitstream/10147/75681/1/Guidelines%2... 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.
This is simply not true. Court Orders are covered in the secrecy of the "In Camera" rule and can only be shown to persons prescribed by http://www.courts.ie/Courts.ie/library3.nsf/(WebFiles)/9D6ED... Hospitals are not prescribed by this.
However, the Minister fails to answer the question if he will explain the difference between both documents as there is no explanation why the right of a child to have both Legal Guardians act on their behalf can be ignored, unless in an emergency.
Cathal Garvey
Posted on 15 Mar 2012 5:43 pm
The Parliamentary Question No. 654 of 24 January 2012 referred to can be found at http://www.kildarestreet.com/wrans/?id=2012-01-24.2322.0.
The Minister is obviously perplexed when it comes to Guardianship issues. The document http://www.hse.ie/eng/services/Publications/services/Childre... indicates that BOTH LEGAL GUARDIANS must give consent whereas the document http://www.lenus.ie/hse/bitstream/10147/75681/1/Guidelines%2... 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.
This is simply not true. Court Orders are covered in the secrecy of the "In Camera" rule and can only be shown to persons prescribed by http://www.courts.ie/Courts.ie/library3.nsf/(WebFiles)/9D6ED... Hospitals are not prescribed by this.
However, the Minister fails to answer the question if he will explain the difference between both documents as there is no explanation why the right of a child to have both Legal Guardians act on their behalf can be ignored, unless in an emergency.