thread: Lawyers please - Breastfeeding in Court

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  1. #1
    Registered User

    Oct 2007
    Middle Victoria
    8,924

    Lawyers please - Breastfeeding in Court

    I know there are a law type people here, just wondering what the legal situation is with breastfeeding in Court.

    thanks

  2. #2
    Registered User

    Oct 2009
    Bonbeach, Melbourne
    7,177

    I started a thread on this I think, either that or it was on FB. Basic gist was its apparently frowned upon (seen as disrespectful, eh). I've breastfed DD2 in court. She was like 5 weeks old. A police officer turned around and said I "probably shouldn't be doing that here", I just smiled and kept going
    Last edited by PumpkinZulu; June 3rd, 2013 at 12:20 AM.

  3. #3
    Registered User

    May 2007
    Warrnambool Vic
    1,476

    Why do you ask? The mother has a right to breastfeed anywhere she and the baby are allowed to be including the court.

  4. #4
    Registered User

    Apr 2007
    in lactation land
    3,776

    The Courts are not exempt from anti discrimination laws. I can imagine though if you were required to give evidence it may be a bit more difficult in the witness stand or being on a jury but still technically possible.

  5. #5
    Senior Moderator

    Nov 2004
    Chickens.
    4,989

    You can't feed in a court exercising family law jurisdiction because nobody under the age of 18 is allowed in court (unless they are a party to the proceedings, ie a parent of a child but they are still under 18 themselves). Bit difficult to feed if they're not in the room.

    Any other court should be fine. Some consider it disrespectful, like feeding in church or at a wedding mass, but given there's no law against it....

    I think it would be ok if you were an observer, but if you were the accused or a party in a case that was running, the judge may consider that you are unable to effectively participate in the proceedings whilst you were feeding, and would thus adjourn the court. You need to be fully on the ball when you are a party to proceedings, missing even one word can change the entire case. It would be more about having your full attention on the case rather than some form of discrimination IMHO. The judge would be looking after your interests if the court were adjourned to allow you to feed.

  6. #6
    Registered User

    Oct 2007
    Middle Victoria
    8,924

    Any other court should be fine. Some consider it disrespectful, like feeding in church or at a wedding mass, but given there's no law against it....
    Do you know judges or other court officials who would ask a women to not feed? If a baby or child is crying would it be normal for them to be asked to leave the room, if the parent didn't do it first?

  7. #7
    Registered User

    Oct 2009
    Bonbeach, Melbourne
    7,177

    ETA...ignore me, was magistrates court, not family.
    Last edited by PumpkinZulu; June 3rd, 2013 at 08:18 AM.

  8. #8
    Registered User

    Oct 2007
    Middle Victoria
    8,924

    Thank you. I am looking into the legal situation of breastfeeding in Australia, and had a vague memory that things were different in Court. I wasn't aware that children were not permitted in Family Court, that might have been where i was getting confused. Thanks for the clarification.

  9. #9
    Senior Moderator

    Nov 2004
    Chickens.
    4,989

    No I don't know anyone who has been asked not to feed. However I work in family law so haven't had exposure to other courts for a number of years.

    If the child/infant was disruptive to the proceedings, I would imagine the judge/court officer would ask for the child to be removed. Same as for any adult - if you disrupt proceedings for any reason you are removed.

  10. #10
    Registered User

    Aug 2006
    On the other side of this screen!!!
    11,129

    Check out breast feeding incidents in both state and federal parliaments. It has been an issue a few times. Ironic, really.