The parents of a transgender youth have gone to court in a battle over whether the teen should get medical treatments to help transition from being a girl to a boy

A Vancouver courtroom was the scene of a tense legal battle this week over whether a transgender youth should get medical treatments to help transition to living as a boy.

On one side was the B.C. teen’s father, who wants a temporary injunction to stop the youth from getting testosterone injections and other treatments at a gender clinic.

Distroscale

On the other side was the 14-year-old and the teen’s mother, who want the court to allow the youth, who cannot be identified due to a publication ban, to go ahead with the treatments immediately.

Provincial health authorities, who are supporting the teen, also had lawyers in the B.C. Supreme Court for the hearing which began Tuesday and finished Wednesday.

It came after months of skirmishing between the parents, who are separated, in the process of getting a divorce and have joint custody of the teen.

In August, just before the teen was to get the first testosterone injection, the father voiced objections.

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In court Tuesday, Herb Dunton, a lawyer for the father, argued that scientists say there are serious problems with the treatments being sought.

Dunton, who referred throughout his submissions to the teenager as a girl, saying “right now I think it’s beyond dispute she is a female,” asked the court for a 45-day period in which to obtain more expert opinions.

The mother and the teen say it is imperative treatments go ahead immediately, but Dunton disagreed.

“Clearly these are not urgent treatments and clearly they are not in the best interests of this young lady,” he told B.C. Supreme Court Justice Gregory Bowden.

Dunton also questioned a consent form for the treatments which he said stipulate that the teen “understands” that the parents have agreed to the treatments, saying the process did not amount to informed consent.

The teen’s lawyer, who also cannot be identified due to the publication ban, referred throughout submissions to the teen being a boy. On Tuesday, the lawyer told the court that as treatment is delayed, the boy is less and less able to pass as a male among his peers.

“The context of this urgency is that the father has been successful in delaying treatment for this child since Aug. 14, 2018 until now,” the lawyer told the judge.

The teen’s lawyer, who is seeking a court declaration that the treatments go ahead, said that because of the youth’s risk for suicide, it was a potentially “life and death” situation.

Following an evaluation by a psychologist, the teen was referred to the gender clinic where an endocrinologist recommended the treatments proceed.

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The teen’s lawyer said the youth was “desperate” to get the treatments and felt like “he wants to rip off his face.”

“And if the court doesn’t permit him to get the urgent treatment, he doesn’t know if he’s going to go on.”

Asked by the judge how far along the teen was in the transition to living as a boy, the lawyer said the teen had transitioned “entirely” socially everywhere except with the father.

“If you met him, you would see him as a boy,” the lawyer added. “He presents as a boy, he has a boy name. He behaves like a boy. He is referred to as a boy.”

Jessica Lithwick, a lawyer for the mother, told the court Wednesday that the mother had always seen her son as a tomboy and “things clicked in place” when the child “came out” in 2016.

She cited an affidavit filed by the mom which says the son has been “consistent and persistent” about being a boy for several years.

“I support him but have not pushed him,” says the mom in the affidavit.

The mom says in the court document that she’s “scared” about another postponement in the case and “terrified” that if he doesn’t get the treatment, her son will conclude there is no hope and make another attempt on his life.

A lawyer for the provincial health authorities told the court that the teen had provided the proper consent and there had been a careful evaluation from reputable health care professionals.

After hearing the submissions, the judge said he would give a ruling at a later date.