Family disputes

Doctors from a range of specialties can get caught up in family disputes – whether they choose to or not. While a new patient may provide full disclosure of an ongoing family dispute, often a dispute or separation occurs within a family you’ve been treating for many years.

In the absence of court orders to the contrary, it’s generally accepted that either parent can consent to treatment or access their child’s medical record. If your patient is the subject of a court order, it’s important that the practice has a copy of the most recent orders on file.

The court orders most often seen in family disputes are Parenting Orders (Family Court), or Violence or Misconduct Restraining Orders. The court orders usually bind the parties to the dispute, not third parties such as doctors.

It can be difficult if you’re treating all members of the family when the family unit breaks down. It’s best to address this as soon as you become aware of the separation, as it can create a conflict of interest if you continue to see both parties – particularly if the separation is acrimonious. It’s almost unworkable if a restraining order prevents one patient from coming within 100m of their former partner.

Family disputes can be complex, and the issues are very personal to the parties involved. This can provoke a heightened response if either party feels they are being stonewalled or denied access to a child’s medical information.