Navigating Co-Parenting and Vaccinations
While the COVID-19 vaccine has been approved for children over the age of 12, it is still the individual choice of families as to whether or not to have their kids vaccinated. But what happens when divorced or separated parents have different views on the matter?
Many co-parenting decisions are made through compromise, but this is one area where compromise is not always possible. And unless both parents agree, a family doctor will not vaccinate a child.
Deciding About Vaccination in Sole Custody
In situations where one parent has sole custody and therefore sole decision-making responsibility, that parent can simply choose to vaccinate their child or not. The other parent may allow that decision to go forward or decide to challenge that decision in court.
Vaccination Disputes in Shared Custody
In situations where parents share custody but disagree about vaccination, the only solution may be to have the matter decided in court.
In this case, the court will decide based on what it deems is in the child’s best interests. In most cases, the court will likely favor vaccination (based on medical and government guidelines) unless there are specific factors (such as allergies, pre-existing conditions, etc.) that may make vaccination not in the child’s best interests.
Case Law on Vaccination and Children
In one case, A.P. v L.K., 2021 ONSC 150, where a father wanted his children vaccinated and their mother did not, the issue went before an arbitrator.
The mother argued that the children had underlying medical conditions, and as a result, the risk posed by side effects from the vaccine was too great. The mother’s expert witness said that the COVID vaccines were unsafe and did not go through sufficient testing.
The father, representing himself at the arbitration, presented evidence that the vaccines were safe and said that the children did not have underlying medical conditions that should preclude them from getting the vaccination. Additionally, the children’s physician had recommended vaccination.
The arbitrator found in favor of the mother. However, the father then retained a lawyer to appeal the decision in court and won his appeal.
When the case went to court, the judge found that the arbitrator had erred in findings for the mother as her arguments were contested by science. The judge ruled that in this case, the government recommendations on vaccination should be accepted and the children be vaccinated.
Furthermore, the court ruled that going forward the father would have the ability to be the sole decision maker when it came to vaccinations for the children. The court also ordered that because of the mother’s beliefs about vaccinations, she was not allowed to talk to her children about vaccinations. The mother tried to appeal this, but her leave to appeal was refused.
The parents still have shared custody of their children, however now all decisions about vaccinations are made solely by their father.
Contact Fine and Associates today
Parents who disagree about whether their children should get the COVID – or any other vaccine – should get advice from legal professionals. The family lawyers at Fine and Associates can help you with your questions, and if necessary, can help you bring your vaccination issues to arbitration or court.