As children and teens have become eligible for COVID-19 shots, divorced parents have clashed in court over whether to get kids vaccinated. In some cases, family courts have also started to weigh in on parents being vaccinated against the coronavirus.
for visits unless he got vaccinated or underwent regular testing. “The danger of voluntarily remaining unvaccinated during access with a child while the COVID-19 virus remains a threat to children’s health and safety cannot be understated,” Judge Matthew F. Cooper wrote.We thought we’d have a calm holiday season and a new start in 2022.
“Here the court is not stepping in and making a decision for the child that the parents can’t make,” Rosen said. “The court here is stepping in and making a decision for a parent regarding themselves — as a condition to their parental rights.” The move surprised attorney Patrick Baghdaserians, who represents the mother. Although Baghdaserians said he is aware of judges supporting COVID-19 shots for children when the issue has arisen in custody cases, “I’ve never seen a judge take the next step, which is ... if one of the parents is not vaccinated, that potentially exposes the child to harm.”
Provinziano also argued that in general, if a parent has a medical reason to not be vaccinated, “you can’t use that disability to say that you’re somehow unable to be a parent to your child.” He pointed tothat found courts cannot use a physical disability as evidence of whether someone is a fit parent.
Still, Rebouché said the L.A. County case and others raise questions about “where are the lines that you draw for what courts can permissibly require parents to do with threat of a custody loss.”
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