As the Covid-19 vaccine is now available for children aged 12 or more (or from five if the child is high risk), disagreements are arising between parents, particularly those who are separated.
Should your children receive the vaccination? This decision needs to be made jointly by anyone with parental responsibility and their consent provided before the jab can be administered.
Resolving a vaccination dispute
The issue of vaccinating children is not a new one, but it has, of course, come to the fore recently, given the ever-changing regulations around Covid-19.
In the first instance, parents, or those with parental responsibility, are encouraged to discuss their feelings with one another and try to come to an agreement. It may be worthwhile seeking information or involvement from your GP to help reach a consensus, as this is the cheapest and quickest way to resolve the matter. It will also ensure reasons for opposing the vaccine are not based on a lack of understanding.
If an agreement cannot be reached, or you are unable to discuss matters in a civilised manner, mediation is an option. It gives you a forum in which to tackle your differences in a safe and structured way with an independent third party.
Whilst there is no case law available at the moment, the issue did arise in a 2020 family court matter in which a father made a successful application for other vaccines for his child. As part of these proceedings, he asked the court to also order the Covid vaccination to be given. This was prior to its approval for use in children, but the father was attempting to pre-empt the issue.
The judge did not grant a Covid-19 vaccine order, commenting that it would be premature to do so, but he did say the following: “It is very difficult to foresee a situation in which a vaccination against Covid-19, approved for use in children, would not be endorsed by the court as being in a child’s best interests.”
This is a very clear indication of the approach a court would take if such an application were to arise.
Medical guidance will prevail
It is worth bearing in mind that no application for a child to be vaccinated has ever been refused by a court, as approved vaccines are generally considered to be in a child’s best interests.
The courts are run by legal professionals – not doctors – and they follow the advice of medical professionals and public health guidance. Each case, however, is determined on its own facts.
If you, or someone you know, is in dispute about the vaccination of a child, please don’t hesitate to contact our friendly, knowledgeable family law team. We can advise you on the next steps and your prospects of success, based on the specifics of your situation.
To find out more, give us a call for a confidential discussion on (0114) 218 4000 or email: info@tayloremmet.co.uk
