From 1 January 2016, changes to the law have been made that mean if you do not vaccinate your children against certain diseases, then you may not be eligible for particular family-oriented government payments. This change in law reflects the public’s growing division over whether or not parents should be forced to immunise their children. As the debate gains momentum in wider social discourse, it is inevitable that parents who are separating will disagree on whether to immunise, and continue to immunise, their children.
Further, family conflict regarding immunisation can come into play where one parent wishes to travel with their child to a country where it is recommended they receive further vaccinations, and the other parent objects.
As this issue has gained momentum in recent years, there is growing case law that indicates the direction the Family Court is likely to head in for future cases involving parental conflict over the vaccination of their children.
The Family Court of Australia has made several landmark decisions regarding this issue in recent years. In Kingsford v Kingsford, a mother seeking an injunction to prevent the child’s father from immunising their child in the traditional manner – that is, following the standard course of immunisation procedures advised by medical professionals – and seeking to instead only immunise their child using the alternative homeoprophylaxis immunisation approach (which is the process of using homeopathic remedies to prevent infectious diseases), was rejected.
In Duke-Randall & Randall, the mother of children who had not been vaccinated sought orders restraining their father from immunising the children. In response, the Family Court ordered that any injunctions or Court Orders restraining either parent from vaccinating their children should be discharged.
It appears that the Family Court’s current approach towards legal conflicts concerning the vaccination of children is to consider the traditional vaccination schedule to be in the best interests of the concerned children.
If you are concerned about parenting conflict over your children as you separate from your partner, or for any other family law issue, give us a call on 02 8917 8700 or fill out the enquiry box detailing your issue and we will get back to you ASAP.