Legal Definitions - judicial bypass

Judicial bypass is a legal procedure that allows an individual to obtain permission from a court for an action that would ordinarily require the consent or approval of another specific person or entity. Essentially, it provides a way to "bypass" a standard legal requirement for approval by getting a court order instead, often in situations where the usual approver is unwilling, unavailable, or when there are compelling reasons for the court to intervene.

• Medical Treatment for a Minor

  Imagine a 15-year-old who requires a critical medical procedure to treat a serious illness. The minor's parents, however, refuse to give their consent for the treatment due to a disagreement with the medical recommendation or for other personal reasons. In such a situation, a hospital, a doctor, or child protective services might petition a court.

  How it illustrates judicial bypass: A court could review the case, consider the minor's best interests, and issue an order authorizing the medical procedure. This court order effectively bypasses the parents' refusal, allowing the necessary treatment to proceed without their consent, which would normally be legally required for a minor.

• Marriage for a Minor

  In many jurisdictions, individuals under the age of 18 are legally required to obtain parental consent before they can marry. Consider a 17-year-old who wishes to marry but whose parents refuse to grant their permission, even though the minor is financially independent, mature, and capable of making such a decision.

  How it illustrates judicial bypass: The 17-year-old could petition a court for a judicial bypass. If the court determines that the minor is sufficiently mature to make the decision to marry and that it is in their best interest, the court can issue an order granting permission for the marriage. This court order then serves as a legal substitute for the parental consent that would otherwise be mandatory.