Co-Parenting Conflicts Over COVID Vaccines Are Increasing—Legal Experts Weigh In

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On October 7, a significant development occurred when a major pharmaceutical company requested emergency authorization from the FDA for its COVID-19 vaccine for children aged 5 to 11. This breakthrough could potentially open the door for over 28 million kids to get vaccinated just in time for Halloween. Many parents celebrated this news, feeling a sense of relief as they grapple with the uncertainties surrounding the pandemic. However, not all parents share this enthusiasm—some remain hesitant about vaccinating their children against COVID-19.

In typical scenarios, parents make medical decisions for their children without issue. But complications arise when co-parents disagree on vaccination. So, what happens next? Should children receive the vaccine or not?

“As soon as the vaccine is available for toddlers, we expect to see a tug-of-war between many parents over whether or not to vaccinate their children, because parents tend to fight more about decisions involving smaller kids,” notes family law attorney Lisa Thompson from Thompson & Associates. Reports indicate that family law professionals are already witnessing an uptick in these disputes. “One in every five cases I encounter involves disagreements about giving the COVID-19 vaccine to children,” said attorney Mark Johnson, highlighting the growing trend.

As co-parents navigate this contentious issue, it’s crucial to understand how the legal system may respond. Divorced parents have been managing co-parenting during the pandemic for nearly two years, facing various challenges related to quarantine and differing risk tolerances. Now that the vaccine for children is within reach, co-parents should aim to agree on vaccination decisions before involving the courts.

Legal experts like Thompson anticipate that courts will approach the COVID-19 vaccine similarly to other medical procedures, relying on CDC recommendations and established medical guidelines. “Judges are increasingly leaning towards science and best practices when making decisions,” she explains. This trend is favorable for parents who support vaccination, as they can reference the overwhelming data and studies backing vaccine safety and efficacy.

Conversely, parents opposed to vaccines may face significant hurdles. They cannot simply express their distrust without scientific backing. Arguments lacking empirical support are unlikely to hold up in court. However, if anti-vaccine parents can present legitimate concerns—such as specific allergies or other medical reasons—they may have a chance to argue their case effectively.

Geographical factors may also influence judicial decisions, as the vaccine has become a politically charged issue. Judges in certain regions may make determinations that reflect their political affiliations, which could complicate matters for anti-vaccine parents.

Preparing for Potential Disagreements

To prepare for potential disagreements, co-parents can take proactive steps. Thompson suggests two main areas of focus:

1. Internal Preparation: Parents should consider possible compromises and determine whether this issue is worth contesting. Reflect on what concessions could be made that might ease tensions.
2. External Preparation: Engaging in constructive dialogue without involving lawyers or courts is critical. “Don’t approach these discussions as a battle,” Thompson advises. Instead, aim for a collaborative conversation that prioritizes the child’s wellbeing.

Unilateral decisions, such as vaccinating a child without the other parent’s consent, can lead to significant legal ramifications and damage to co-parenting relationships. The best course of action is open communication, with an emphasis on negotiation and compromise. As Thompson puts it, it’s better to resolve these issues amicably rather than relying on a judge to make decisions that could affect your child’s health.

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