Injunction restraining mother from breast-feeding

A full bench of the Family Court will today consider an appeal against an injunction order recently granted in the Federal Circuit Court of Australia. Jackson v Macek [2015] FCCA 1656, heard on 5 June 2015, saw the making of orders that the mother be prevented by injunction from breastfeeding an 11 month old child “X”. That order was made on the father’s application.  The concern expressed by the father was that the mother, having recently obtained a tattoo, might be HIV positive (which could not yet be excluded by testing). The court noted its obligation to take into account the child’s best interests (at [36]) and at [43] balanced the risks of HIV contraction as against the benefits of breastfeeding. The injunction order was granted.

ABC news subsequently reported that the mother’s appeal against the injunction was granted.

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