The recent meningitis outbreak has spread rapidly across the south of England, with one confirmed case in France. This outbreak raises important questions about the ability of parents to make decisions in relation to child vaccinations, particularly when parents have different views about whether their child should be vaccinated.
The urgency of these decisions is heightened in the context of outbreaks of serious illnesses such as meningitis, where timely vaccination can be critical in preventing severe health repercussions. This imposes additional pressure on parents and can intensify disagreements where views differ.
For some families, parents are at opposite ends of the spectrum when it comes to deciding whether their child should be vaccinated. This could lead to children either being unvaccinated or receiving only certain vaccinations and therefore becoming susceptible to other illnesses. Such disagreements can become protracted where there is a lack of practical and legal certainty.
Alternative Dispute Resolution
Before considering court intervention to decide whether a child should be vaccinated, parents are encouraged to attempt negotiation or family mediation at an early stage. These processes can provide a structured and neutral environment to aid parties in exploring their concerns, often leading to a quicker and cost-effective resolution over which the parties retain control of the outcome.
Where parents are unable to reach an agreement in relation to important decisions over a child’s upbringing, it may be necessary to issue court proceedings.
Court Proceedings
In a dispute in relation to vaccinating a child, the court orders that could be made are:
- A Specific Issue Order – this enables the court to determine a specific question concerning a child’s upbringing when parents cannot reach an agreement such as, whether a child should be vaccinated.
- A Prohibited Steps Order – this prevents a parent from taking a particular action without the court’s approval, such as vaccinating the child without the other parent’s consent.
The courts have historically favoured vaccination provided that, there is medical evidence in support.
It should be highlighted that the court’s decision to vaccinate is not automatic. If a parent raises credible, evidence‑based concerns relating to a child’s unique health circumstances, the court will consider those carefully. The court’s paramount consideration will be the child’s best interests.
Disputes of this nature can be emotionally challenging and time-sensitive, particularly in the context of serious illness outbreaks. Seeking early legal advice can help minimise conflict and ensure that decisions are made in your child’s best interests.
If you and your co-parent are struggling to reach agreement, whether about vaccinations or any other aspect of your child’s upbringing, we strongly recommend seeking legal advice from a qualified family law specialist who can guide you through your options.
If you anticipate any parental or co-parenting issues, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of our Family Team will be more than happy to assist.