As family lawyers, at the beginning of the pandemic, we saw a significant number of cases relating to children disputes, where COVID was a real obstacle for separated parents who were sharing care of children. For example, if one parent was living with their elderly parents, there would inevitably be worry about a child moving between households and transmitting the virus, or a child would maybe have symptoms, meaning the self-isolation period would prevent them from seeing the other parent.

There have also been issues around making travel plans; if one parent wants to consider a holiday abroad, the other parent may be reticent about the child having COVID tests, or having to quarantine unexpectedly.

With the right approach, most of these issues can be dealt with so that there is a mutually agreed resolution. However, one area which always provokes debate and can be controversial is the issue of vaccination. This is not new, historically it is a subject that gets frequent media attention, given that the main thrust of it is - 'what is in the child's best interest?' Two parents with parental responsibility can have completely opposing views.

If the parents can't agree, then one of them can make an application to the court for a Specific Issue order, so the court will have the final say. This is sometimes unpalatable, given that effectively a decision about one's own child is given to the state to make.

There is, however, specific case law in this area, which the courts adopt for guidance. In the case of M V H (Children represented by their Children's guardian) [2020] EWFC 93, the judgment of the case makes it clear that in instances where parents disagree on vaccinating their children, the court is likely to view [vaccination] as in the child's best interest and make an order in favour of the child receiving the vaccine, if it is approved for children/on the NHS vaccination schedule.

It was also noted in the none legally binding comments from the judge that if the COVID vaccine is approved for use in children, then the court is likely to view it as being in the child's best interest also.

As life starts to move slowly back to normal, it may mean that being vaccinated is a requirement to do 'normal' things, such as travel, so we may see more of these disputes arise.

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