The mother of six-year-old cancer sufferer, Oshin Kiszko, says she is "relieved" he has been granted a last-minute reprieve from forced radiotherapy after a WA Family Court Judge adjourned a court case into his treatment.
Oshin was due to start radiotherapy on Monday to treat a medulloblastoma brain tumour, however Judge Stephen Thackray's adjournment of the court case has meant Oshin will only have to complete the previously enforced chemotherapy.
It is understood that unless any party requests a relisting in writing of the case, no further decision on compulsory treatment will be made.
Outside court, Ms Kiszko said she was relieved her son would not be forced to undergo radiotherapy but that she remained concerned about the up to eight weeks he would spend in hospital for his two remaining court-ordered bouts of chemotherapy.
"I'm feeling really drained and exhausted," she said.
"(Oshin's) very traumatised and he's going to see a psychotherapist, who will help him cope with the procedures."
Oshin was diagnosed with a brain tumour in December and was ordered against his parents' wishes to undergo chemotherapy in March.
At the time, doctors estimated that Oshin had a 50 to 60 per cent chance of living another five years if the treatment began immediately, but recent assessments on his response to chemotherapy suggest he now has a 30 to 40 per cent chance of survival.
Ms Kiszko and Oshin's father, Colin Strachan, opposed chemotherapy and radiation treatment because it is known to carry high long-term risks of intellectual disability in young patients.
The parents had fought for their son to instead receive palliative care in order to provide him with some quality of life, rather than putting him through "torturous" medical treatments.
In an affidavit, Ms Kiszko said Oshin was traumatised by the chemotherapy treatment and that it made him "frightened of his own body".
"He won't bath or shower as he is scared to see the port on his stomach," she said.
"What he's going through now is torture. He's not happy, constantly in pain, they've stripped away his insides and he has no immune system.
"This treatment has taken away what could be quality, loving time with our son, instead of putting Oshin through this pain and suffering."
Judge Stephen Thackray, in his judgement on Thursday, removed orders for Oshin to undergo radiotherapy, but continued an order that he stay in Australia.
"Oshin should, in my view, remain in Australia so that he receives, at the very least, the proper level of conventional palliative care that Princess Margaret Hospital can provide," he said.
"I see no need for me to mandate the chemotherapy treatment, especially given [the doctor's] evidence about the poor prognosis and impact on Oshin.
"The parents will therefore embark upon the agreed continuation of the chemotherapy-only option having been fully advised that it provides a significantly reduced prospect of survival for Oshin.
"There is no reason to consider that they were ever motivated by anything other than genuinely held beliefs and love for their son.
"I wish them well in their journey with Oshin and the difficult days and months ahead."
Evidence was considered during the hearing both from a treating PMH doctor and from an independent New South Wales paediatric oncologist of national repute, Professor Stewart Kellie of Westmead Cancer Centre.
While PMH was represented by a State Solicitor's Office lawyer and Oshin's parents by their lawyer, Oshin also had his own Legal Aid counsel appointed by the court - all of whom gave submissions.
The PMH doctor told the court that while the tumour had shown partial response to the intensive chemotherapy given so far, it had been insufficient to indicate chemotherapy on its own would give Oshin a chance at survival for five years - the point deemed a "cure".
"At best we have made a slight dent in all that disease," he said.
He said if high-dose radiation started immediately Oshin was estimated to have a 30-40 per cent chance of the five-year survival. Without radiotherapy, he had perhaps six months to live.
"Even with radiotherapy the odds are stacked against him," he said.
He said if Oshin survived the radiotherapy, he would have "horrific, long-term side effects".
These included a certainty of intellectual impairment, dysfunction of hormones including growth hormones, hearing loss and cataracts.
