Children suffering from obesity require utmost medical attention to restore their normal weight. A recent proposition claims that obese children who are staying at home are at high risk of more health problems due to the failure of parents to provide adequate medical attention.
To save the child from suffering further illness, the state may intercede in the legal care of the child and may remove the child from home to be placed in a foster care to be given adequate medical attention until cured.
Parents fear that the issue of child obesity may result in loss of child custody and parental authority. However, the court says that there is no need for parents to worry about such matters. There is no legislation that requires the state to intercede in the legal care of the child and remove the latter from home because of obesity.
In exceptional cases wherein the court may be bound to render a decision, it will uphold the principles of shared parental responsibility.
Under the Australian Law, mothers and fathers play an important role in satisfying the primary needs of the kid, such as education and wellness. There is no other person that can provide the child with the best care than its parents themselves. Even when separated, the biological parents are still required by law to observe shared parental responsibility.
It is worth noting that parental care is an essential factor for the development and growth of the child. Parallel to the principle of the best interest of the child shared parental responsibility is aimed to produce a decision that is beneficial and favourable to the child involved. If the removal of the child from the family home due to obesity is contrary to these two concepts, then it is not impossible for a lawful court to provide a choice affirmative to the parents and the kid.
Some lawyers would argue that child obesity is not a matter that needs lawful approach. Since it primarily discusses a serious issue on wellness, it can be best handled through education and wellness programs that can help parents perform their obligations towards an obese child. For instance, the healthcare program may consist of teaching the mother and the father on how to prepare healthy meals for the kids.
In case disputes occur in regards to what nutrition is right between family members or if you fear of losing legal care due to illnesses, you may contact our family lawyers to receive adequate support.