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Vaccines for Children – What if Parents Disagree?

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As the Covid-19 vaccine is now being made readily available for younger children what do families do if each parent has a different opinion on whether or not their children should be vaccinated?

Casting aside opinions of the vaccine as a new treatment and the whole ‘generation of guinea pigs’ idea, from a child law perspective when parents have separated, to vaccinate or not to vaccinate, is no different from other ‘specific issues’ parents have to deal with.

Specific Issue Order

As with any disagreement between parents if you disagree on whether your child should have a vaccine in these cases the court may have to intervene.  This is covered under a Specific Issue Order made under Section 8, Children Act 1989.

In a separated family both parents may have parental responsibility which allows them to make general day to day decisions. ‘Parental responsibility’ is defined as the parent having ‘all the rights, duties, powers, responsibility and authority which by law a parent of a child has in relation to the child and his property.’

However, it is always recommended that in the case of bigger life choices, such as education, religion and in this case medical treatment, both parents discuss the situation and have input in the decision making process.

As family law solicitor, Emma Kendall advises, keeping communication channels open is essential and in the long run helps the family unit: “It is always better for separated parents to have these discussions as early as possible so any potential issues can be addressed early on.”

“It is better for separated parents to make decisions about their children together rather than relying upon the court. However in some circumstances family law solicitors and the Court will need to get involved and it is always good to get expert legal advice as early as possible"

There is some precedent in the law for vaccination cases, although Covid-19 is of course a new area.

Family court specific issue order

The case of M v H (private law vaccination) [2020], was initially about childhood vaccines and a father wanting his children to follow the NHS schedule, including the MMR vaccine, but went on to consider other childhood vaccinations and, ultimately, the Covid-19 vaccine.

He succeeded in his application against the mother for a Specific Issue Order and it was deemed in the children’s best interests to have the vaccinations.

In this case the judge also commented on the potential new vaccine and stated that:  ‘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 may set the precedent for the future with court’s ruling in favour of the vaccine,” advises Emma Kendall.

“But I always advise clients if possible to act together in the best interests of the child.”

If this fails official mediation channels, family counselling and other alternative dispute resolutions services are available.  But at the end of the day if there can be no agreement reached the decision rests with the court and this can be a time consuming and costly exercise for all involved and given the backlog at court as a result of the pandemic I would always advise alternative courses of action.

Contact us for Child Law Advice

For some clients contacting a family law solicitor might be unnerving so call us on 0161 785 3500 for a friendly chat and a free no obligation discussion.  Alternatively, you can email us at family@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

Written by Emma Kendall

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