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Vaccines were controversial in family courts long before the pandemic. Photo from iStock /GETTY IMAGES
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Go to a concert, watch a ball game, get on a plane. There are some things you cannot do if you are not vaccinated against COVID-19.
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Now vaccination status can be an issue for parents who share custody of their children.
Vaccines were controversial in family courts long before the pandemic, explains family law expert Russell Alexander.
With COVID-19, “There are disputes over whether a child should be vaccinated, especially now that younger people are getting vaccines,” Alexander said.
And since anyone under the age of 12 is not eligible for the vaccine, disputes over parents’ vaccination status are inevitable.
In any debate between parents about whether or not a healthy child should be vaccinated against COVID-19, the judge will likely decide on the side of the parent who wants the vaccination, Alexander said.
“It’s not the court’s job to question science,” he said.
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Things have changed in the last year as there were no vaccinations available at this time last year.
Still, there were safety protocols – face masks, social distancing, hand hygiene, and sometimes lockout rules – and some parents didn’t obey those rules.
Alexander cites a case from 2020 (Guerin v. Geurin) in which a father of three violated safety protocols and possibly endangered the health of his ex-wife and children.
The mother was temporarily granted exclusive ownership of the marital home; The contact between the father and the children was reduced to zoom or telephone.
If either parent ignores safety protocols, “the court will step in and issue an order to ensure the child is safe,” Alexander said.
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“The court has no patience with someone who doesn’t follow health protocols.”
In a recent case in Chicago, a woman lost custody of her 11-year-old son because she was not vaccinated against COVID-19.
According to the Washington Post, this was the first time a parent was denied custody because of COVID vaccination status.
The mother, Rebecca Firlit, was at a child support meeting; Out of the blue, the judge asked if she had been vaccinated against COVID.When she said no – because of adverse vaccination reactions in the past – he decided that she could not see her child until she was vaccinated.
That decision changed days later and the woman was able to see her son again, but the parents vaccination will inevitably show up as the Delta variant brings more children to the hospital.
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If an adult decides not to be vaccinated and has no medical reason not to do so, Alexander said, “One could argue, ‘Is this parent acting in the children’s best interests?’ Because they potentially endanger the child. “
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And it’s not just about health, he adds. It’s also about limiting the child’s ability to reintegrate into society – whether they’re going back to school or going to a party or a baseball game.
“You always have to ask: ‘How is that in the best interests of the child?'”
For current cases related to COVID and divorce, visit Alexander’s website.
And there are instructions in his excellent book Everything You’ve Wanted To Know About Divorce.
“Divorce is about being fair and sharing – children, property, income,” he said.
“Some people are interested in retaliation, but that is not the job of the divorce court. It’s not a fault, it’s a solution. “
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