In a Decision – M.T. v. D.T..- (an "Unreported Decision") >>
the Court Held:
Plaintiff filed an emergent application and order to show cause before the court after defendant scheduled the parties’ minor child for non-emergent arm/elbow surgery for a sports injury, without first obtaining plaintiff’s consent.
Neither party was the parent designated as Parent of Primary Residence. The parties essentially shared Joint Legal Custody.
The plaintiff wanted a second opinion and more information. After initially providing for a second opinion and further information, the parties could not agree upon the course of treatment.
The Family Part Judge found that true joint custody might not work for the parties based on their conduct toward one another. In consideration of Robert’s medical interests, the Court granted Defendant temporary authority for the limited purpose of arranging his surgery, since Defendant had been supervising Robert’s injury treatment, the first surgeon’s proposal was not inappropriate, and Robert had been living with Defendant largely full-time for the past year. However, the court ordered Defendant to keep plaintiff informed of medical decisions.