Child Covid-19 vaccinations spark more legal wars in Federal Court between separated partners

Covid-19 vaccinations for kids are the new battleground for exes as two killer variants hit Australia. See how judges have ruled.

Exclusive: Warring parents are taking legal action over Covid-19 child vaccinations with judges ruling more often than not in favour of kids getting jabbed.

Legal experts say there has also been a rise in the number of parents ignoring consent all together and having their children vaccinated against the virus, in spite of their ex.

It comes as two killer Covid-19 variants — XBB and BQ. 1 — hit Australia with the school holidays fast approaching and a new wave of cases on the way.

Several cases have come to a head as the Family Court of Australia list fills up with immunisation spats between ex-partners.

Parents are taking action over Covid-19 child vaccinations. Picture: AFP

In one case, a mother took legal action against the father of her children in a bid to prevent him from taking the children to the doctor to be jabbed.

The mother argued that she was not an anti-vaxxer but wanted more time to consider the potential health effects of Covid-19.

The father said having the children vaccinated against the virus would benefit the wider community and used the evidence of an expert doctor, who said side effects were rare.

The Family Court judge ruled in favour of the father and the children were vaccinated.

In another case, a father tried to prevent the mother from getting their two children jabbed for the second time after the youngsters received their first Covid-19 vaccine dose without the man’s consent.

In this case, the Family Court ruled that a second dose was in the best interests of the children.

In a third case, a father took the mother to court after she objected to their two children, aged 11 and 16, from being vaccinated against Covid-19.

The judge ruled in favour of the children getting jabbed, as long as the older child consented.

AMA President Professor Stephen Robson says another Covid-19 wave is on the way.

President of the Australian Medical Association Stephen Robson said parents should be getting their children vaccinated as soon as possible.

“The vaccines available in Australia are safe and are part of how we protect ourselves from Covid-19,” Professor Robson said.

“We have a new wave on the way right now, so we also strongly recommend that everyone who is due for a booster to go and get one.”

Mediation expert Cheryl Duffy, who founded The Divorce Centre, said she had seen cases where parents in the midst of legal disputes over their child’s vaccination status had defied the other and taken their child to get jabbed.

This ultimately proved damaging to the co-parenting relationship, she said.

Cheryl Duffy, the founder of The Divorce Centre. Picture: Supplied

“We’ve had cases where parents are both disagreeing and then one parent just goes out and does it,” she said.

“The other person’s up in arms saying, ‘Oh, what can I do about this’?

“But unfortunately, there isn’t much you can do about it. It’s done.”

Ms Duffy said in most cases judges ruled that the children should be vaccinated.

During mediation, the parents can outline their issues and hopefully reach a compromise before taking their vaccination disputes to court.

Australian Family Lawyers’ accredited family law specialist Justin Dowd said in cases of disagreement the court had to make a ruling and “the child’s best interests is the paramount consideration”.

“The trend, I think, will always be in favour of vaccinations unless there is clear medical evidence to the contrary throughout the country,” he said.

Originally published as Child Covid-19 vaccinations spark more legal wars in Federal Court between separated partners