Increasing Co-Parenting Conflicts Over COVID Vaccination: Insights from Family Law Experts

On October 7, a significant development occurred when Pfizer-BioNTech sought FDA approval for emergency use of their COVID-19 vaccine for children aged 5 to 11. This means that potentially over 28 million kids could be eligible for vaccination just in time for Halloween. Many parents welcomed this news, eager to alleviate the fears surrounding a virus that has generated more questions than answers. The ongoing evaluation of risks and benefits since March 2020 finally seemed to be shifting in a more favorable direction.

However, not every parent is on board with vaccinating their children against COVID-19, leading to a complex dilemma for co-parents. In typical scenarios, parents make medical decisions for their kids independently. But when co-parents have differing views on vaccination, it raises the question: Should the children be vaccinated or not?

Holly Davis, a family law attorney at Greenfield Law, noted in an email, “Once the vaccine is available for younger kids, we anticipate significant disagreements among parents regarding vaccination because tensions often rise over decisions involving younger children.”

Family law practitioners are already noting an uptick in these disputes. California attorney Mark Thompson reported that “one in five cases currently on my desk includes a disagreement over administering the COVID-19 vaccine to children.”

In light of these conflicts, we consulted with Davis to explore what co-parents can do when they can’t agree on vaccinating their children and how they might prepare for potential disputes.

When Co-Parents Disagree, the Courts Decide

Divorced parents have been navigating co-parenting during the pandemic for almost two years now, dealing with numerous issues including quarantine protocols and differing levels of risk tolerance. As vaccine availability approaches, co-parents who anticipate disagreements should strive to reach a consensus regarding the COVID-19 vaccine. If they cannot come to an agreement, the judicial system will intervene.

Davis believes courts will address the COVID-19 vaccine similarly to other medical procedures, despite the uncertainties surrounding it. This means judges will primarily adhere to CDC recommendations and guidelines.

Chantelle Morgan, a family law attorney at Smith & Associates, echoed Davis’ perspective, stating, “The trend in court appears to favor the parent who holds the responsibility for medical decisions. In cases of joint decision-making, courts tend to lean towards scientifically backed information, including guidelines from reputable organizations like the American Academy of Pediatrics.”

For parents who advocate for vaccination, this is promising news. They can reference the extensive data, peer-reviewed studies, and the rigorous processes that led to the vaccines receiving emergency use authorization. In most instances, courts are likely to rule in favor of vaccination.

Parents Against Vaccination Face Challenges

On the other hand, parents who oppose vaccinating their children may find themselves at a disadvantage in court. Simply expressing distrust in the vaccine or citing anecdotal evidence from social media will likely not hold up in judicial proceedings. Davis emphasizes that arguments lacking scientific backing will generally be dismissed.

However, there may be circumstances where anti-vaccine parents could present a viable argument, particularly if they provide specific family-related information, such as allergies or other medical conditions that may have been overlooked in clinical trials.

Location could also influence judicial outcomes, as the politicization of vaccines may lead to variances in rulings based on regional beliefs. Nonetheless, Davis asserts that the data will present a significant hurdle for those opposed to vaccination.

Steps to Prepare for Potential Disagreements

Co-parents foreseeing conflicts over vaccination can take proactive measures now. According to Davis, there are two types of preparations: internal and external.

Internal Preparation: Parents should reflect on possible compromises. It’s vital to assess whether this issue is worth battling over and if there might be a scenario where they could delay or forgo the conflict. Essentially, what compromises can they agree on?
External Preparation: Davis encourages parents to attempt resolution without involving lawyers or judges. She advises approaching discussions with an open mind and a willingness to negotiate. “It’s crucial not to enter a conflict expecting your ex to concede completely. Emotions run high, so finding common ground is essential,” she explains.

The worst course of action would be to independently decide to vaccinate a child without mutual consent. For instance, taking a child to a pharmacy for vaccination might seem like a quick fix, but it could severely complicate custody arrangements if medical decisions are meant to be made jointly.

Ultimately, the best path for co-parents who disagree about the COVID vaccine is open communication. Davis warns against allowing a judge—someone who may have little context about your family and is handling numerous cases—to make critical medical decisions for your child. While legal recourse remains an option for irreconcilable differences, parents are encouraged to put in the effort to negotiate and compromise, which will benefit them in this instance and in future disagreements.

For further insights, you can also check out this resource on home insemination kits. If you’re seeking more information on self-insemination, this page is an authoritative source on the subject. Additionally, for broader pregnancy resources, visit this excellent guide.

Probable Search Queries:

Summary

As COVID-19 vaccinations for children approach, co-parenting disagreements are becoming increasingly common. Family law experts highlight the importance of communication and compromise, as courts are likely to favor scientific recommendations when making decisions. Co-parents are encouraged to prepare for potential disputes and seek resolutions outside of the courtroom whenever possible.