The parents of a six-year-old Perth boy with cancer have returned to court to battle doctors over the child's treatment, arguing he should be given palliative care so he can die with dignity.
Oshin Kiszko was diagnosed with a malignant brain tumour last year, but his parents, Angela Kiszko and Adrian Strachan, opposed the treatment recommended by doctors due to the severe side effects.
A court order in March forced Oshin to receive chemotherapy and he was given two cycles of the treatment.
Family Court Chief Justice Stephen Thackray then considered whether Oshin should also be given radiotherapy and handed down his judgement in May, saying the parents had given an undertaking to continue chemotherapy instead.
But the case was back in court on Thursday after both sides agreed there was no longer any benefit to continuing chemotherapy alone.
The hospital has made an application to the court to force Oshin to have further medical treatment, including radiotherapy and chemotherapy.
Lawyer for the hospital, Carol Conley, told the court Oshin's latest MRI indicated an ongoing positive response to chemotherapy and said treatment would usually only stop when a patient stopped responding.
"The applicant wants to give Oshin a chance at life," she said.
But Oshin's parents want him to have palliative care and claim it is within the scope of their parental responsibility to decide that is the appropriate course of action.
Lawyer for the family, Jun Khew Wong, said it was not a medical issue, rather an ethical and moral decision.
He said even though Oshin was responding to the chemotherapy treatment, his chance of survival had not increased.
"Oshin does have the right to die with dignity," he said.
An independent lawyer representing Oshin, Robin Cohen, agreed it was in his best interests to receive palliative care.
Justice Richard O'Brien has reserved his decision until next week.
