Their lawyer Sue Grey unsuccessfully went to court to try and obtain an order to force the NZ Blood Service to create a bespoke service for the baby using unvaccinated blood, against medical and scientific advice. The order was vigorously and successfully opposed by the Blood Service.
Grey indicated they would not appeal but when health staff tried to begin preparing Baby W for surgery, the parents tried to prevent this happening.
Justice Gault’s order said they told medical professionals advised health staff that “you touch our child and we will press criminal charges against you”.
Lawyer for Health NZ Paul White said Te Toka Tumai (the Auckland branch of Health NZ, formerly the District Health Board), had sought help from police, the order reveals.
“The memorandum urgently seeks clarification from the court that the police are entitled to use reasonable force to remove Baby W from the parents and/or remove the parents in order to facilitate the steps necessary prior to Baby W’s surgery, including taking him to surgery when it occurs,” Justice Gault said.
On Thursday evening Grey told the court she wanted a hearing to have “new information and expert evidence” addressed.
She further claimed, as she did in court, that there was “no immediate risk for Baby W”.
Medical specialists have repeatedly said Baby W urgently needs the heart-valve surgery to save his life and his heart is suffering damage each day it is not operated on from pressure built up behind the valve.
The baby was taken to court by the parents on Wednesday against medical advice.
Justice Gault’s order said prior to Thursday evening, the need for surgery was agreed by the parents and medical specialists.
“It was previously common ground that Baby W needed surgery – the issue was in relation to consent to blood transfusion,” Justice Gault said.
“Now that the parents evidently do not consent to the surgery or pre-operative checks, it is clearly necessary to make consequential ancillary orders to enable the surgery to proceed.”
Justice Gault extended the appointment of two Starship Doctors as agents of the court as legal guardian to enable the surgery to proceed, including enabling any pre-operative procedures required.
The order instructs the parents not to obstruct health staff.
There was no sign of protesters or a vigil at Auckland City Hospital or neighbouring Starship Children’s Hospital at 7am, an hour ahead of the baby’s heart surgery reportedly starting at 8am today.
However, the NZ Freedom and Outdoors Party, of which the parents’ lawyer Sue Grey is co-leader, is planning a vigil for 10am.
The party said on social media police are now guarding the baby’s room.
