Son's tonsils in court's hands

A COURT has been left to decide whether a four-year-old Melbourne boy should have his tonsils removed.

The boy's parents were locked in a dispute about who should have the final say in his medical treatment.

The Federal Magistrates Court heard there had been a history of "considerable tension" between the pair about medical matters relating to their son.

It began when the mother, 29, wanted her son immunised but it had been strongly opposed by the father, who had never been vaccinated himself.

The court heard the mother then took the child for his injections without her partner's knowledge and that had caused conflict between them.

The boy then began suffering with sleep apnoea because of his "rather large tonsils", which a specialist advised should be removed.

But the father, 30, did not accept the intervention was needed and told the mother: "You will not cut anything out of my son."

The father told the court he had researched inoculation and now agreed it was necessary.

He agreed his son snored, but claimed he knew nothing about his sleep apnoea and another specialist had said the boy's tonsils did not need to be taken out.

The mother said she did not believe her former partner's claims that he now approved of immunisation and antibiotics.

She said the father was very angry when he discovered the boy had been immunised and "continued to harangue her on this issue to this day".

The mother said the father had "flatly rejected" the need to take their son's tonsils out

Federal magistrate Evelyn Bender said the pair's inability to agree on medical issues could put their son at risk so she would have to empower one to be solely responsible for the decisions.

"I have no doubt that both parties only want what they think is best for their much-loved son," she said.

"However, it is apparent that the parties have quite differing views on the medical interventions necessary. It cannot be in (his) best interests for when a decision is needed."

Ms Bender found the mother was better placed to make the medical decisions, and ordered she have sole responsibility but keep the father advised of all medical matters.

katie.bice@news.com.au

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