Breastfeeding Ban On Tattooed Mother Rejected By Family Court; Said, ‘Judges Must Not Mistake Their Own Views’

A New South Wales mother, who was previously banned from breastfeeding her son by Federal Circuit Court, found a reason to celebrate now. The Family Court lifted the ban on the mother, which means she can continue nursing her 11-month-old without being interrupted by the law.

The injunction by Judge Matthew Myers was reportedly based on Internet search, which the Family Court rejected unanimously.

On June 5, the 20-year-old mother was banned from breastfeeding her baby because the judge felt her tattoo could transmit diseases like hepatitis or HIV to the child.

Meanwhile, the woman had been tested negative for both the blood-borne diseases but the judge still went ahead with his decision to grant an injunction to stop her breastfeeding her son. Despite the negative blood report, the judge found an unacceptable risk to the baby's health, because in his view, the tests were not conclusive.

He reportedly studied breastfeeding related documents from two websites, run by Hepatitis Australia and the Australian Breastfeeding Association. However, on Friday, the full bench of the Family Court overturned the decision unanimously, saying, the judge gave his verdict based on unreliable evidences.

What it takes to be a good judge

Family Court judge Murray Aldridge said, "Judges must not mistake their own views for being either facts not reasonably open to question or as appropriately qualified expert evidence.”

So, Justice Aldridge believed the evidence "was not capable of establishing the risk identified by the trial judge". The Family Court added, the ban by Judge Myers missed out on an important fact that breastfeeding benefits a baby, both emotionally and physically, and stopping it suddenly could impact the baby negatively.

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