How does the COVID-19 Vaccine affect the Family Court? – Podcast Episode 61

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 [2022] 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.

At Collective Family Law Group, our priority is to guide and support you in all facets of Family Law. To initiate your family law consultation free of charge, reach us at 5574 0971.


  1. 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.
  2. 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.
  1. 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.’

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