Co-Parenting in Court: What We Learn About The Recent Case Where Parents Battled in Court Over Transgender Treatment

Introduction:

Obviously most disputes between co-parents don’t end up in court. However in extreme cases, you may feel that you have to take further action. At Blanchards, like in the court, we aim to act in the best interest of the child. The child’s wellbeing and future should be prioritised. While this is an interesting and controversial case, we must remember to respect the feelings of all parties involved. We can also observe from this case that legislation, courses of action in the court, and even NHS guidelines can be subject to change, even if you haven’t seen your specific issue addressed in court before.

Parenting displays a range of challenges for separated families. The case below highlights how complex it can be. We analyse from a legal and educational perspective, and emphasise that everybody should have access to the healthcare that they need.

Case:

Over the weekend of 20 October 2023, the legal press reported how a mother is battling her former husband in the High Court in England over whether their teenage child should have medical treatment to change gender. The child’s mother wants the 15-year-old to only be treated by the NHS because it takes a ‘cautious approach’ and rarely now prescribes powerful puberty-blockers. But the father wants his child to go to a private clinic where young patients can have access to more powerful puberty blockers. The mother won the first stage of the legal case after a judge ruled that her child must not be treated outside of the NHS until turning 16. However, this ruling only extends to the child’s sixteenth birthday when the case will have to return to court if the mother wants the treatment to be delayed further. The mother wants the court order to be extended so that the child would have to wait until turning 18 to decide on starting medical treatment to change gender. The case, which will be heard in the Family Division of the High Court, is covered by extremely strict restrictions preventing the media from reporting any details that may lead to the identification of the child or parents. The mother is attempting to raise £20,000 in online donations to pay for her legal fees to fight her case. She explains that she wants her child to remain under the NHS because it is taking a more ‘cautious approach’ to treating those under 18. New guidelines introduced in June mean NHS gender clinics for people aged 17 and under will focus on guidance and support rather than puberty blockers, which can only be prescribed to under-16s as part of clinical research. The guidance followed an overhaul of NHS child gender services in England, with regional centres now set to replace the Tavistock clinic.

How can we help? 

We deal with similar sorts of disputes at Blanchards and can reach the best outcome for you and your children. We handle sensitive matters with caution and care. Our conscientious team delivers the best outcomes to help you through any difficult situation. We place great emphasis on creating a safe space for all.

If you have any concerns about your child’s medication, or even lack of it, please contact us. We have also represented parents who wanted certain medication prescribed as being in their best interests, and succeeded.