CONTRIBUTED BY DBL SOLICITORS
It was only a matter of time post the COVID-19 era that the issue of vaccinations would be before the Family Court.
In the recent case of Makinen & Taube [2021] FCCA 1878, the Court heard a father’s application to have sole parental responsibility for decisions regarding immunisations and vaccinations for the parties’ two children aged 12 and eight. The mother opposed any vaccination and relied on literature which reported on the harm that vaccinations can bring to children.
The father won his application with the Court ruling that the mother’s opposition to vaccination was based on genuine but unreasonably held beliefs.
The Judge in this case outlined the differing attitudes between the mother and the father which rendered it highly improbable they could, after a consultation process, reach a joint decision about vaccines. For that reason, the Judge believed that if no order were made specific to parental responsibility concerning vaccinations, by default, the children would not be vaccinated against any disease.
Orders were made for the father to have sole parental responsibility regarding decisions concerning vaccinations in accordance with the national immunisation program or as recommended by the children’s GP.
Ultimately, in any parenting decision, the primary consideration is the child’s best interests. The Court will always determine each matter on its own facts.
If you need any advice or assistance with your parenting matter, contact DBL Solicitors.
