Options for Parents that Disagree on the Issue of COVID-19 Vaccines

Can My Ex Refuse to Have Our Child Vaccinated?

When parents have shared custody of their children in BC, it usually means they have joint decision-making authority. In most cases, each parent may exercise all parental responsibilities respecting the child in consultation with the child’s other guardians.

When parents can’t come to an agreement on their own, the courts may step in. Under the Family Law Act, the court is required to focus on the best interests of the child, which may not always align with the interests of their parents. The parent looking to have their child vaccinated may apply to the court for the parental responsibility to decide whether or not their child gets vaccinated.

Both parents will have the chance to argue what vaccination status is in the child’s best interest. An assessment of the child’s best interests may include consideration of any underlying medical conditions, allergies, or any specific instance that would put the child at risk with or without the vaccine.

After hearing both parents’ concerns, the court will turn to the recommendations of public health authorities, including that of the BC Center of Disease Control (BCCDC), to assess the safety of publicly funded vaccines. In previous decisions, the courts have accepted the following facts regarding the COVID-19 vaccine:  

• The vaccine is safe for persons ages 5 and up;
• The vaccine effectively reduces spread of infection in the community;
• People who are unvaccinated are more likely to be hospitalized or die of COVID-19; 
• and people who are vaccinated are significantly more protected from severe outcomes of COVID-19. 

As such, the courts have found that, unless there is specific evidence in the child’s medical history that the vaccine would be harmful to the child, it is in the child’s best interest to be vaccinated against COVID-19. In most instances, the family courts in British Columbia will rule that the parent wanting to get the vaccine for their child will have the authority to do so.

Further, if a parent is unvaccinated, the court may consider ordering controls and restrictions of that parent’s access time to mitigate the child’s risk to COVID-19 exposure. In recent cases, the courts have ordered reduced visitation hours and have required visits to be held outdoors while wearing masks. In those cases, the restrictions were only to be lifted once the unvaccinated parent and child received vaccinations.

Let Us Help Keep Your Family Safe

It’s a fact of life for parents, separated or not, to have some disagreements when it comes to parenting. But arguing over the health and wellbeing of your children can cause unnecessary stress, pressure, and anxiety on both parents and the kids involved. 

The goal of co-parenting is to keep your children healthy—emotionally, physically and mentally. If you and your ex are constantly fighting about child vaccination, we can help. Options for keeping your family safe and mitigating risk include:

• Applying to the court for the decision-making authority to have your child vaccinated;
• Participating in an alternative dispute resolution process, such as mediation, to decide on issues concerning COVID-19;
• Meeting with medical professionals, such as the child’s family doctor or nurse practitioner, to speak about the safety of vaccines; and
• Varying terms of access if a parent is unvaccinated. This may include reducing visitation hours, requiring mask-wearing, holding visits outdoors, and limiting access to other friends/family who are unvaccinated. 

The team at England Lam Family Law can help your family come to a peaceful resolution.

Contact our team of Vancouver family lawyers today to book your free consultation.