On October 7, Pfizer-BioNTech submitted a request to the FDA to grant emergency use authorization for their COVID-19 vaccine for children aged 5 to 11. As a result, over 28 million children could potentially be vaccinated by Halloween. Many parents rejoiced, hoping for relief from the ongoing concerns about a virus that continues to raise more questions than answers. However, not every parent shares this enthusiasm. Some are hesitant about vaccinating their children, leading to a significant dilemma for co-parenting arrangements.
In typical scenarios, parents make medical decisions for their children independently. But what happens when co-parents are divided on the issue of vaccination? “Once the vaccine becomes available for younger children, we anticipate increased disputes among parents regarding whether to vaccinate, as disagreements often intensify with younger kids,” noted family law attorney Ava Thompson.
According to California family law attorney Mark Jensen, “Approximately 20% of the cases currently on my desk involve disagreements between parents over administering the COVID-19 vaccine to their children.” To understand the implications of such disagreements, we consulted Thompson to explore how co-parents can navigate these conflicts.
Judicial Intervention for Unresolved Disagreements
For nearly two years, divorced parents have been co-parenting during a pandemic, facing various challenges related to quarantine and differing comfort levels with risk. As vaccines for children become available, co-parents who anticipate disagreements should strive to reach a mutual decision. If they cannot, the court will likely intervene.
Thompson predicts that courts will approach the COVID-19 vaccine as they would any other medical procedure, adhering to CDC guidelines. This sentiment was echoed by family law attorney Lisa Grant, who stated, “Courts are increasingly looking to the parent responsible for medical decisions and will align with scientific consensus, where joint decision-making exists.”
For pro-vaccination parents, this is a hopeful sign, as they can present substantial scientific data and peer-reviewed studies that support the vaccine’s safety and efficacy. Generally, courts may favor vaccination.
Challenges for Anti-Vaccine Parents
Co-parents who oppose vaccination face a steeper challenge. Simply expressing distrust in the vaccine will not hold up in court, and anecdotal evidence from social media will likely be dismissed. However, there may be exceptions. Thompson advises that anti-vaccine parents should prepare detailed arguments based on specific health concerns, such as allergies or medical issues that could impact their child’s vaccination.
Location may also influence a judge’s decision, as the vaccine has become a politicized topic. Thompson believes that judges in more rural regions may be swayed by the political leanings of their communities, complicating matters for those opposed to vaccination.
Preparation is Key
Co-parents expecting disputes should begin their preparation now. According to Thompson, there are internal and external steps to consider.
First, on the internal side, parents should contemplate potential compromises. They need to assess whether this issue is worth a conflict. What middle ground could they accept?
Second, externally, Thompson encourages parents to attempt resolving their differences amicably. Avoiding a combative approach can lead to a more favorable outcome. “Don’t go into negotiations expecting a complete victory,” she advises.
Making unilateral decisions, such as vaccinating a child without the other parent’s consent, could lead to severe repercussions, including court penalties.
Ultimately, effective communication is vital. Thompson urges parents to avoid involving a judge who may not fully understand their family dynamics and to prioritize negotiation and compromise, which will be beneficial for future disagreements.
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Summary:
As COVID-19 vaccines become available for younger children, co-parenting disagreements are on the rise. Family law experts emphasize the importance of communication and compromise between parents, as unresolved issues may lead to court intervention. Pro-vaccination parents have scientific backing, but anti-vaccine parents must present solid, case-specific arguments. Preparation and negotiation are key for co-parents who anticipate disputes over vaccination decisions.