Whilst the issue of immunising children is not new and an area that the Federal Circuit and Family Court of Australia has had jurisdiction in for some time, the introduction of COVID-19 vaccines for children has proven a challenge and thrown a real spanner in the works for the system.
As the issue is COVID-19 related, the matter would be referred to the specific COVID-19 national list that deals with pandemic specific issues very promptly.
Parties can request the assistance of the Court in circumstances where there are no proceedings on foot and in circumstances where the parties are already before the system.
The recent cases that have been decided have largely indicated that absent of any medical advice specific to the child or children that puts them at risk, the Court is largely considering that it is in children’s best interests to receive their vaccinations. However, each individual circumstance is different and each child’s needs and best interests are considered on a case by case basis.
The evidence, in particular, independent evidence outside of the parties views/wishes is the key focus in these cases and it is vital in ensuring that a parties best possible position is presented to the Court. Without proper guidance and expertise, a parties case can be significantly compromised resulting in an unfavourable decision being made either for or against the vaccine.
If you are in dispute regarding your child’s vaccinations, in particular, the COVID-19 vaccine it is extremely important that you seek specialised advice from an experienced family lawyer.
Please reach out to Family Focus Legal on (02) 4655 4224 to book your appointment with one of our team.