Medical decisions for your child

Decisions about medical treatment

If you and your ex-partner share parental responsibility or decision-making for your child, you can both make decisions about your child’s medical treatment and give consent. This includes decisions about:

• prescribed medicine for your child
• medical tests and investigations
• vaccinations
• surgery, except in an emergency.

Parental responsibility does not cover taking your child to a doctor for common illnesses like coughs and colds. The parent caring for the child can make these day-to-day decisions. You do not have to talk to each other first, but it is usually best to let the other parent know if your child needs to see a doctor.

It also does not include special medical procedures.

You and your ex-partner should talk to each other and try to make joint decisions about your child’s medical treatment.

Getting help to make decisions

If you need help deciding, you can talk to your child’s GP or another health professional. They can explain the treatment, including the benefits and risks, so you can make an informed decision.

Emergencies

In an emergency, you may not be able to talk to your ex-partner before your child gets medical treatment. If that happens, you can make the decision yourself.

You should tell your ex-partner as soon as you can about:

• the emergency and your child’s injury or illness
• the medical centre where your child is getting treatment
• the name of the doctor treating your child
• details of the treatment.

If there is an emergency and neither you nor your ex-partner can give consent, a doctor can treat your child without your consent to save their life or prevent serious harm to their health.

Medical records

Usually, you and your ex-partner can see your child’s medical records unless a court order says you cannot.

If your child is under 14 years old, you can access their My Health Record to find health information and manage their record.

Once your child is 14 years old, you won’t be able to access your child’s My Health Record unless they invite you. 

Special medical procedures

Special medical procedures are not covered by parental responsibility. A special medical procedure can’t be done to your child without a court’s consent, even if you and your ex-partner both agree.

A special medical procedure includes:

• a major medical procedure that is not used to treat a disease or body problem and cannot be reversed, for example, sterilising your child
• treatment for gender dysphoria where there is a dispute about whether your child can consent to the treatment, the diagnosis, or the proposed treatment.

This does not include cases where sterilisation happens because of treatment needed to save your child’s life or treat a disease, such as cancer treatment.

The following people can apply for court orders about special medical procedures:

• you or your ex-partner
• your child
• an Independent Children's Lawyer (ICL)
• your child’s doctors
• the Department of Communities and Justice (DCJ)
• any other person concerned with the care, welfare and development of your child, such as an aunt or uncle.

When your child can make their own medical decisions

There is no set age when a child can start making their own medical decisions, including saying yes to treatment or refusing it. It depends on the child and how mature they are. Often, this is around age 14.

Your child’s doctor will decide whether your child has capacity to make their own medical decisions. The doctor must be satisfied that your child is mature enough to understand their condition, the treatment choices and the risks. This is decided case by case. The more serious the condition or treatment, the more carefully the doctor will assess your child’s capacity.

A younger child may be able to make decisions about simple treatment, but not about more serious treatment. If your child does not have capacity, you and your ex-partner may need to make the decision for them.

For more information about capacity, see Capacity Toolkit on the NSW Communities and Justice website.

Making an agreement

If you and your ex-partner make a parenting agreement, you may want to outline the steps you will follow when you make decisions about medical treatment for your child. This may include:

• telling each other if your child is sick or injured
• consulting with one another
• attending mediation, if you have a dispute, before going to court.

It can help to write your agreement down so there is less chance of confusion or future disputes.

For more information, see Parenting agreements.

Resolving a disagreement

If you and your ex-partner disagree about a medical decision for your child, you must follow the pre-action procedures and try mediation first, unless an exemption applies.

For more information, see Pre-action procedures in parenting cases.

Mediation is a practical way to try to resolve the dispute without going to court. It is usually quicker and cheaper than asking a court to make orders.

You should organise mediation well before your child is due to have treatment. It can take time to get a mediation appointment and a court hearing, if it is needed. If you leave it too late, your child’s treatment may be delayed.

If you make an agreement at mediation, you should put it in writing.

For more information, see Parenting agreements.

If you can’t reach agreement at mediation, you will be given a section 60I certificate. This lets you apply to a court for medical treatment orders. A section 60I certificate lasts for 12 months.

What the court will consider

When deciding the dispute, the court will look at what is in your child’s best interests. It will consider things like:

• expert medical evidence
• the reasons for the proposed medical treatment
• the benefits and risks of the proposed medical treatment
• the risks of your child not having medical treatment
• the side effects of the proposed medical treatment
• your child’s views.

Doctors seeking court orders

Sometimes you and your ex-partner may both disagree with treatment suggested by your child’s doctor. In some cases, the doctors can ask the court to order that your child receive the treatment you have refused.

When deciding an application made by your child’s doctors, the court will look at what is in your child’s best interests.

The court won’t make these orders unless there is a clear reason to override your parental responsibility.

Last updated: July 2026