Tag: vaccinations & custody

The Covid-19 Vaccine and Child Custody

The Covid-19 vaccine is here, but big child custody questions are presenting themselves when parents disagree about vaccinating their children. As countries around the world start administering the vaccinations against COVID-19 on a massive scale, many parents are wondering what happens if one of the parents objects to vaccinating their child.

covid vaccine child custody

Point of Contention

In a recent English case, the parents objected to their child receiving various vaccinations which are routinely administered to babies. The father was driven by the fundamental belief that neither the court nor the State has any jurisdiction to take decisions in relation to his children.

The judge found:

It is self-evident that for a healthy, young infant, the risks contingent upon not vaccinating him significantly outweigh the benefits. The conditions identified include potential for catastrophic consequences which, as illustrated, involve paralysis, seizure, learning disabilities, visual loss and cancer.

The Court then ruled that the vaccinations should not be characterized as “medical treatment” but as “a facet of public preventative healthcare intending to protect both individual children and society more generally.”

Florida COVID-19 Vaccinations and Child Custody

I wrote an article on the relationship between vaccinations and child custody in Florida before.  In Florida, the prevailing standard for determining “custody” is a concept call shared parental responsibility, or sole parental responsibility. Generally, shared parental responsibility is a relationship ordered by a court in which both parents retain their full parental rights and responsibilities.

Under shared parental responsibility, parents are required to confer with each other and jointly make major decisions affecting the welfare of their child. In Florida, shared parental responsibility is the preferred relationship between parents when a marriage or a relationship ends. In fact, courts are instructed to order parents to share parental responsibility of a child unless it would be detrimental to the child.

Issues relating to a child’s physical health and medical treatment, including the decision to vaccinate, are major decisions affecting the welfare of a child. When parents cannot agree, the dispute is resolved in court.

At the trial, the test applied is the best interests of the child. Determining the best interests of a child is no longer entirely subjective. Instead, the decision is based on an evaluation of certain factors affecting the welfare and interests of the child and the circumstances of the child’s family.

In Florida, a court can carve out an exception to shared parental responsibility, giving one parent “ultimate authority” to make decisions, such as the responsibility for deciding on vaccinations.

The decision to vaccinate raises interesting family law issues. It is important to know what your rights and responsibilities are in Florida.

Parting Shots

In re B, was another case in Britain which involved another English vaccination case, only this time it was a private matter between parents, as opposed to the state requiring a vaccination.

The case concerned a 5-year-old girl, B, whose parents were separated and unable to agree as to her immunization. Before the parents separated, B had received all the recommended vaccinations. Under the recommendations of Public Health England, she was now due (or overdue) 3 further vaccinations.

The father, though lacking relevant medical expertise, had carried out extensive research and exhibited over 300 pages of material in support of his position. The judge extrapolated the father’s 7 key points and Dr Elliman addressed the medical issues. The court dismissed the father’s proposition that where parents disagree on a child being vaccinated, then the status quo should be preserved as wrong in law.

Dr Elliman acknowledged that no vaccination is 100% risk free, but that vaccination has greatly reduced the burden of infectious disease.

The judge noted the paramountcy principle and the principle that delay in determining the matter may be prejudicial to B’s welfare. In respect to the no order principle, the judge recorded that the court should decide the matter as the parents’ views were polarized. With regard to Article 8 of the European Convention, His Honor Judge Bellamy stated that any order made by the court must be proportionate and in B’s best welfare interests.

Having considered the case law, the judge then determined that Dr Elliman’s opinions were ‘mainstream’ whilst the father’s views were biased and unreliable. In conclusion, the judge granted the specific issue order and made a declaration that it was in B’s best welfare interests to receive the vaccinations.

The article on the British cases by Sarah Williams is here.

 

Child Custody and the Constitution and Some Good Coronavirus Information

With state and local officials entering shelter in place orders, many parents feel they are being deprived of their constitutional rights to child custody. What are a parent’s constitutional rights during a global emergency? There’s also some good coronavirus information.

Constituion Child Custody

There is no instruction book for a pandemic

Happy belated Easter to everyone . . . except residents of Louisville, Kentucky! The home of Muhammad Ali, the Kentucky Derby, and Kentucky Fried Chicken is in the news. That’s because on Holy Thursday, Louisville’s mayor, Greg Fischer, criminalized the communal celebration of Easter.

Our nation faces a public health emergency caused by the exponential spread of COVID-19. This has led many state and local officials to order increasingly tighter restrictions to promote social distancing and prevent further spread of COVID-19.

Can the state go too far? One federal court thinks so. Last week Louisville’s mayor said, it was “with a heavy heart” that he was banning religious services, even if congregants remain in their cars during the service. A Louisville church then filed an emergency motion in federal court to enjoin the mayor, and won.

The mayor noted that it’s not really practical or safe to accommodate drive-up church services taking place but drive-through liquor stores are A-OK!

Notwithstanding the exemptions of some drive-through places, on Holy Thursday, the Mayor threatened church members and pastors if they hold a drive-in Easter service.

The federal judge, noting American history on religious bigotry, said the pilgrims fled religious persecution, slave owners flogged slaves for attending prayer meetings, mobs drove the Latter-Day Saints to Utah; hatred against Catholics motivated the Blaine Amendment, and Harvard University created a quota system to limit Jewish students.

The judge then found the Mayor’s decision to be stunning and “beyond all reason,” unconstitutional.

Florida Child Custody and the Constitution

Like religions, the constitution protects parental rights too. I have written about the intersection of the constitution and marital law before. The United States Supreme Court has concluded that freedom of personal choice in matters of family life is a fundamental liberty interest protected by the Fourteenth Amendment.

Florida courts have long recognized this fundamental parental right. The basic proposition is that parents have a legal right to enjoy the custody, fellowship and companionship of their offspring. This is a rule older than the common law itself.

But the parents’ rights are not absolute, as the state has parens patriae authority to ensure that children receive reasonable medical treatment which is necessary for the preservation of life.

So, in Florida the ultimate welfare of the child itself is controlling. While the parent’s interest in maintaining parental ties is essential, the child’s entitlement to an environment free of harm, physical and emotional violence at the hands of parents and caretakers and for medical treatment necessary for the preservation of life.

Because Florida has a compelling interest in protecting all its citizens—especially its youth—against the clear threat of abuse, neglect and death, the constitutional rights can give way.

Kentucky Fried Liberty

Back in Louisville, the court found the city order was not “neutral” between religious and non-religious conduct because it targeted religious worship by prohibiting drive-in church services, but not drive-through liquor stores.

The court noted that the city was pursuing a compelling interest of the highest order through its efforts to contain the current pandemic, but its actions were not even close to being “narrowly tailored to advance that interest.

The court also found that the church was committed to practicing social distancing in accordance with CDC guidelines. Cars will park six feet apart and all congregants will remain in their cars with windows no more than half open for the entirety of the service.” Its pastor and a videographer will be the only people outside cars, and they will be at a distance from the cars.

There is no instruction book for a pandemic. The threat evolves. Experts reevaluate. And government officials make the best calls they can, based on the best information they have. You may not agree with the court’s reasons, but the judge saw his role to explain, to teach, and to persuade.

Good Coronavirus News

Speaking of the constitution, to stem the spread of COVID-19, many cities have passed executive orders requiring people to cover their mouth and nose when going out.

Face masks (surgical or homemade) are now being required in public, such as when going to drive-through liquor stores. But do homemade masks work? The science with different types of masks is not conclusive, but this graphic is good information anyway:

COVID 19

In theory, all masks may prevent some sprays of virus-laden fluids from entering your nose and mouth (inward protection). They are also a reminder not to touch your face. And, if you’re sick, they may help keep some aerosols inside (outward protection), to protect people around you.

The U.S. District Court order is here.

 

Measles, Vaccines, and Child Custody

August means school has started in Florida. There is also currently a measles outbreak going on in Florida, and many parents are not vaccinating their children.The recent death of Rotem Amitai, an airline flight attendant who contracted the killer disease on a flight, means the issue of measles, vaccines, and child custody is spreading again.

Getting to the Point

Measles starts like a common cold, with runny nose, cough, red eyes and fever. Often there is a characteristic rash. But measles is not always mild; it can cause pneumonia and encephalitis (a brain infection), both of which can be permanently disabling or even deadly.

From January 1 to August 8, 2019, 1,182 individual cases of measles have been confirmed in 30 U.S. states. This is the greatest number of cases reported in the U.S. since measles was declared eliminated in 2000.

The most at risk are children who have not yet been fully vaccinated. Two measles cases are in Florida already: one in Broward and the other in Pinellas County.

The reason children are most at risk is simple: Increasing numbers of parents are not vaccinating their children. It wasn’t always this way. Some state’s records show that during the 2004-05 school year, vaccination rates for kindergartners in one county were above 91%. During the 2017-18 school year, the same county had an immunization rate of 76.5%.That puts their children at risk, and the rest of us too.

Florida Child Custody

In Florida, the prevailing standard for determining “custody” is a concept call shared parental responsibility, or sole parental responsibility. Generally, shared parental responsibility is a relationship ordered by a court in which both parents retain their full parental rights and responsibilities.

Under shared parental responsibility, parents are required to confer with each other and jointly make major decisions affecting the welfare of their child. In Florida, shared parental responsibility is the preferred relationship between parents when a marriage or a relationship ends. In fact, courts are instructed to order parents to share parental responsibility of a child unless it would be detrimental to the child.

Issues relating to a child’s physical health and medical treatment, including the decision to vaccinate, are major decisions affecting the welfare of a child. When parents cannot agree, the dispute is resolved in court.

At the trial, the test applied is the best interests of the child. Determining the best interests of a child is no longer entirely subjective. Instead, the decision is based on an evaluation of certain factors affecting the welfare and interests of the child and the circumstances of the child’s family.

Florida Vaccinations and Child Custody

My article on the relationship between vaccinations and child custody in Florida has been cited before. In Florida, a court can carve out an exception to shared parental responsibility, giving one parent “ultimate authority” to make decisions, such as the responsibility for deciding on vaccinations.

There are at least two cases in Florida dealing with the decision to vaccinate and custody, and they conflict! In one case, a Florida court heard the conflicting positions on immunization and decided that it would be in the child’s best interest to allow the anti-vaccination Mother to make the ultimate decision regarding the child’s immunization.

Ten years later, a different Florida court heard conflicting testimony, and decided it was in the child’s best interest to award the pro-vaccination Father ultimate responsibility to make decisions regarding the minor child’s vaccinations.

The decision to vaccinate raises interesting family law issues. It is important to know what your rights and responsibilities are in Florida.

A Dose of Reality

We’ve gotten so used to being disease free. People forget measles was a killer disease which took the lives children. Since the risk of catching measles dropped after it was eliminated twenty years ago, we have begun to think we can’t catch it, or that the vaccines which have protected us are worse than the disease.

Parents’ decisions not to vaccinate their children, because of various reasons, harms society’s immunization against these diseases. It can potentially harm weaker populations.

Although there is no express case law determining custody on the decision to vaccinate, with the school year underway in Florida, the outbreak of measles in two Florida counties now, the decision to get the recommended vaccines may impact your child custody case.

The Ynet news article is here.

 

Vaccinations and Custody

In Michigan, a judge reduced a mother’s child custody rights after she refused to vaccinate her son. What is the relationship between custody and vaccinations?

Michigan’s Vaccination Case

In Michigan, Oakland County Judge Karen McDonald ruled Wednesday that Rebecca Bredow will no longer have primary custody of the boy but will have joint custody with her ex-husband, James Horne.

Horne wanted to vaccinate the boy, and Bredow agreed to do so last November. But she didn’t. She says vaccinations go against her religious beliefs.

Custody and Vaccinations

Generally, shared parental responsibility is a relationship ordered by a court in which both parents retain their full parental rights and responsibilities.

Under shared parental responsibility, parents are required to confer with each other and jointly make major decisions affecting the welfare of their child.

In Florida, shared parental responsibility is the preferred relationship between parents when a marriage or a relationship ends.

In fact, courts are instructed to order parents to share parental responsibility of a child unless it would be detrimental to the child.

Issues relating to a child’s physical health and medical treatment, including the decision to vaccinate, are major decisions affecting the welfare of a child. When parents cannot agree, the dispute is resolved in court.

At the trial, the test applied is the best interests of the child. Determining the best interests of a child is no longer entirely subjective

Instead, the decision is based on an evaluation of certain factors affecting the welfare and interests of the child and the circumstances of the child’s family.

Florida Vaccinations

I’ve written about the decision to vaccinate and custody in Florida before.

In Florida, a court can carve out an exception to shared parental responsibility, giving one parent “ultimate authority” to make decisions, such as the responsibility for deciding on vaccinations.

There are at least two cases in Florida dealing with the decision to vaccinate and custody, and they conflict!

In one case, a Florida court heard the conflicting positions on immunization and decided that it would be in the child’s best interest to allow the anti-vaccination Mother to make the ultimate decision regarding the child’s immunization.

Ten years later, a different Florida court heard conflicting testimony, and decided it was in the child’s best interest to award the pro-vaccination Father ultimate responsibility to make decisions regarding the minor child’s vaccinations.

The decision to vaccinate raises interesting family law issues. It is important to know what your rights and responsibilities are in Florida.

Vaccination and Jail

Back in Michigan, Judge McDonald found Bredow in contempt of court last week and ordered her jailed. She also granted temporary custody to Horne and ordered the boy to be vaccinated. He received four immunizations on Monday.

Bredow told reporters Wednesday she was “in shock” by the court’s decision. Her attorney plans to appeal.

New School Year, Old Custody Battle

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Child Custody on Thursday, August 25, 2016.

Child Custody disputes about vaccinating children are back with the start of a new school year. Florida allows religious exemptions from vaccines, but California recently eliminated all religious exemptions.

Hundreds of parents are protesting California’s new state law that took effect recently, and requires vaccines for nearly all schoolchildren.

SB 277 mandates vaccines for 10 different diseases, and blocks them from attending school if their parents refuse. Experts say those who resist are putting their children at risk.

I’ve written about the interplay between custody and vaccines before. The issue is the intersection of parental rights and religion.

Unlike the new California rule, Florida still provides for a religious exemption if vaccinations are in conflict with the religious tenets and practices of the child’s parent or guardian.

Vaccine disputes are high stakes cases because of the public health issues involved. Americans are again getting sick and dying from vaccine preventable diseases which were once a thing of the past – including measles, mumps and whooping cough.

The CDC is reporting that during 2012, 48,277 cases of pertussis were reported to CDC, including 20 pertussis-related deaths. This was the most reported cases since 1955. The majority of deaths occurred among infants younger than 3 months of age.

There are only two vaccination appellate decisions in Florida, and the facts in each are strikingly similar. In both cases, the parents shared parental responsibility. Both involved chiropractors as parents who were involved in their children’s health care.

Moreover, in both cases the health care professional parent opposed vaccinations. Ironically, the outcomes in the two cases were very different.

Vaccination disputes are interesting and high-stakes cases to watch for as the new school year approaches.

The ABC news article is here.

Measles, Mumps and Custody

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Child Custody on Thursday, December 4, 2014.

Dr. Haider Warraich wrote an opinion piece in today’s Wall Street Journal about a young girl admitted to his hospital with an illness no one could diagnose. What was the illness, and what does it have to do with divorce?

It turns out the mysterious illness was measles. U.S. measles cases hit a 17-year high in 2013 after being eliminated from the country in 2000, thanks to a combination of religious-inspired objections and the spread of vaccine-related conspiracies.

Some parents decline vaccinations as a tenet of their religious beliefs. Other parents fear the risk of serious reactions to vaccines, and some follow the latest Hollywood fad claiming that vaccines cause autism.

I’ve blogged about the interplay of vaccinations and custody before, and I have a new article in the winter edition of the Florida Bar Family Law Section’s Commentator.

Your decision not to vaccinate can also impact your divorce case. In Florida, a court can carve out an exception to shared parental responsibility, giving one parent “ultimate authority” to make decisions.

There are at least two reported decisions in Florida discussing vaccinations and shared parental responsibility. However, the two courts reached different results.

In one case, a Florida court heard the arguments on child immunization, and decided that it would be in the child’s best interest to allow the anti-vaccination Mother to make the ultimate decision.

Ten years later, a different Florida court heard conflicting testimony, and decided it was in the child’s best interest to award the pro-vaccination Father ultimate responsibility to make the final decision.

The decision not to vaccinate your child can have a big impact in society, as the recent measles case proves. The decision not to vaccinate also raises interesting family law issues.

It is important to know what your rights and responsibilities are in Florida, especially when there are conflicting Florida court decisions about whether vaccinations are in your child’s best interest.

Dr. Warraich’s opinion piece in today’s Wall Street Journal can be read here. (Subscriber’s only)