Covid Vaccinations for Children Over 16 Years

Previously, we have spoken about parents not agreeing to vaccinate their children in an article (link) written by Anna-Kate Visser. It stated that such decisions fall within the major, long-term decisions in the scope of ‘parental responsibility under the Family Law Act, together with the recent case of Covington & Covington (2021) FLC 94-014 where it was found that the Family Court has the power to make Orders about vaccinations. But what about children who are over 16 years of age?

The reality is, the older a child is, the more regard the Court must-have for their wishes. This is dictated under section 60CC(3)(a) of the Family Law Act. This is not the primary consideration, however, which are:

1. The benefit of a child having a meaningful relationship with both of the child’s parents; and

2. The need to protect the child from physical or psychological harm.

With regard to a 16-year old, regard will be given to their:

• Maturity;

• Their level of understanding;

• Whether their wishes are well informed;

•  Whether their wishes have been influenced by one of the parents.

This will typically be assessed through an interview by a court-appointed expert.

Regard will also be given to the state-based rules surrounding what ages a child is legally able to obtain a vaccination or booster shot.

Therefore, given the above, it is unlikely that a Court would make parenting orders for the vaccination of a 16-year-old or older given their age and likely maturity to make informed decisions for themselves. This extends to prohibiting a 16-year-old from obtaining a vaccination or booster shot through parenting orders for the same reason. 

If you find yourself in this situation, you should seek specialist family law advice before taking any steps. Medical history and prior circumstances may factor into any decision that needs to be made by a third party about a child obtaining a vaccination or not.

If you would like to discuss your matter and how we can assist you, please contact us today at (02) 6225 7040 or by email at info@rmfamilylaw.com.au or get started now online.

What if we can’t agree on vaccinating our child?

Now that Australians are starting to dip their toes into the brave new world of COVID-19 vaccinations, family lawyers are expecting to see a particular issue in parenting matters raise its head– vaccinating children, and what happens when parents cannot agree.

Whether or not a child is vaccinated is a major, long term parenting decision and falls within the scope of ‘parental responsibility’ under the Family Law Act. If you and the other parent really cannot agree on what, if any, vaccinations you are going to give your children, you can ask the Court to step in to make that decision for both of you.

In the recent case of Covington & Covington (2021) FLC 94-014, the Mother had consented to an order allowing their daughter to be vaccinated but tried to withdraw her consent a few days later. She filed an appeal, arguing that the Australian Constitution prohibited the Family Court from making Orders for a child to be vaccinated and that any doctor administering the vaccination would be committing an assault against their child. In dismissing her appeal, the Court held that it is well settled that the Family Court does in fact have the power to make Orders about vaccinations, both by consent and without the consent of one parent. Each matter turns on its own facts, and in this particular case, the fact that the mother changed her mind later was not a proper basis for the Court to change the original Order.

If you do find yourself in this situation, you should seek specialist family law advice before taking any steps. There is no ‘one size fits all solution when parents disagree about vaccinations. It is a complex area, and any application to the Court seeking orders about vaccinations must properly address the advantages and disadvantages of vaccinating or not vaccinating your child, not just children generally. Evidence about your child’s personal medical history and circumstances must be put forward along with expert evidence from medical specialists who are appropriately qualified to give that evidence.

If you would like to discuss your matter and how we can assist you, please contact us today on (02) 6225 7040 by email info@rmfamilylaw.com.au or get started now online.