Resolving Parental Disputes Over COVID-19 Childrens’ Vaccinations

Both parents of a child are normally presumed to have equal shared responsibility for their welfare. This includes deciding whether their child should be vaccinated against Covid-19.

If there is a dispute between the parents about vaccinating their child, which they cannot resolve themselves, it will generally be necessary for them to attend Family Dispute Resolution (FDR) to try and resolve the matter. If this proves unsuccessful, an application to the Family Court can be made. 

What is the recent evidence regarding vaccinations for children? 

In the recent case of Makinen & Taube (2021), the parents were separated. The mother opposed all vaccinations for her children (aged 12 and 8), whereas the father supported them being vaccinated, as was recommended by their family doctor.

The Court decided that the father was allowed sole parental responsibility for decisions about the children’s vaccinations. This was because he was more likely to accept the medical advice on the matter and that it was in the children’s best interests to receive recommended vaccines.

What does it mean for children and vaccinations?

Decisions regarding the immunisation of children fall within the remit of ‘parental responsibility’ as defined in the Family Law Act. Therefore, when decisions over children’s vaccinations have come before the Courts, they will usually support immunisation, unless there is evidence to the contrary, as being in the best interests of a child.

Contact our Family Lawyers in Sydney, NSW 

If you wish to discuss any aspect of parental responsibility, are having difficulty with making a joint decision on vaccinating your children, or wish to discuss your options for FDR, please contact the family law experts at Szabo & Associates Solicitors on 02 9281 5088 or complete the online contact form.