The decision to vaccinate children remains a hot topic in family law.
A.P. v L.K., 2021 ONSC 150 is one of many new cases that will serve to inform the Courts as they navigate the influx of parenting conflicts related to COVID-19 and vaccinations.
The point at issue was whether the Arbitrator erred in deciding that it was not in the best interests of the parties’ 2 children to be vaccinated. In his decision, the Arbitrator considered:
– the Mother’s genetic health issues that increased her risks associated with vaccinations;
– the children anxiety around being vaccinated; and
– the children’s status quo, as they remained unvaccinated.
On appeal, the Honourable Madam Justice J. T. Akbarali ordered that the Father would have sole responsibility in making vaccination related decisions for the children and the Mother was to refrain from telling or suggesting to the children, either indirectly or directly, that vaccines are unsafe, untested, ineffective, or that they are at any particular risk from receiving a vaccine.
For those interested, check out the full case here: https://canlii.ca/t/jcgf7
If you or someone you know requires legal advice or support related to a family law matter, we would be happy to help.