In our latest podcast episode, Dannielle Young, our Senior Associate, unravels the intricacies of how the Family Court Circuit is addressing the ever-evolving matter of COVID-19 vaccinations, particularly concerning children.
With Australia embracing the inoculation of children in adherence to medical recommendations, a surge of cases is emerging before the Courts centred on vaccination disputes.
On 10 Jan 2022, the nation marked a significant milestone, opening the gates for children as young as five to receive the COVID-19 vaccine. Historically, Court decisions pertaining to traditional vaccinations have leaned heavily on the testimonies of medical experts. The current wave of COVID-19 vaccination cases follows suit, with the “best interests of the child” principle remaining paramount.
In general, the Courts have historically upheld that immunisation is a crucial and safe measure to safeguard children against various ailments.
Can the Court Mandate Vaccinations?
Absolutely. Without compelling medical evidence advising against a child’s vaccination, parents can anticipate the Court, more often than not, deeming vaccinations in alignment with a child’s best interests, often passing orders to ensure a child’s inoculation.
The Court’s Verdict?
A notable recent case is Rusena & Rusena, emanating from the FCFCOA in Sydney in April 2022 (Rusena & Rusena  FedFamC2F 472). This case witnessed the Court scrutinising whether children should receive the COVID-19 vaccine, turning to the wisdom of expert witnesses and comprehensive medical evidence.
Listen in as Dannielle Young, a knowledgeable child custody lawyer, talks about the nuances of vaccinations, summarising the Court’s stance and pertinent considerations.
- Why are vaccination cases on the rise in Family Courts? With Australia endorsing COVID-19 vaccinations for children, disputes about their implementation are becoming prevalent in Court scenarios.
- How does the Court determine a child’s best interests regarding vaccinations? The Court leans on expert evidence, encompassing testimonies from medical practitioners and experts in the field, always prioritising the child’s welfare.
- What stance has the Court historically taken on vaccinations Generally, the Courts have affirmed that immunisation is both safe and essential, offering protection against various diseases.
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‘Information contained in these podcasts/blogs are current as at the date of recording. Information is intended to be general information only and does not constitute legal advice. There may be updates/changes that have occurred since originally recordings. Seeking independent legal advice is recommended.’