To Vaccinate Or Not To Vaccinate ' That Is The Question'

• Published date: 10 June 2021
• Subject Matter: Family and Matrimonial, Coronavirus (COVID-19), Family Law, Government Measures, Operational Impacts and Strategy
• Law Firm: Shakespeare Martineau
• Author: Ms Nikki Aston

As family lawyers, at the beginning of the pandemic, we saw a significant number of cases relating to children disputes, where COVID was a real obstacle for separated parents who were sharing care of children. For example, if one parent was living with their elderly parents, there would inevitably be worry about a child moving between households and transmitting the virus, or a child would maybe have symptoms, meaning the self-isolation period would prevent them from seeing the other parent.

There have also been issues around making travel plans; if one parent wants to consider a holiday abroad, the other parent may be reticent about the child having COVID tests, or having to quarantine unexpectedly.

With the right approach, most of these issues can be dealt with so that there is a mutually agreed resolution. However, one area which always provokes debate and can be controversial is the issue of vaccination. This is not new, historically it is a subject that gets frequent media attention, given that the main thrust of it is - 'what is in the child's best interest?' Two parents with parental responsibility can have completely opposing views.

If the parents can't agree, then one of them can make an application to the court for a Specific Issue order, so the court will have the final say. This is sometimes unpalatable, given that...