Remember when Americans were complaining about attending Thanksgiving with family members who had differing opinions on Trump? Then a new virus came along and the government thought it was their role to dictate if we spent holidays with our families. Things do change.
Now what? COVID-19 “vaccinations” are becoming available to our minor children. Who could envision the landslide of family disagreements this would unleash?
From a happily married couple who disagrees as to whether their children should be vaccinated to divorced individuals fighting over what really is the best interest of their child, this is about to get ugly.
The American Bar Association summarized several state court decisions regarding vaccinations in general, noting that at the time the article was written, January 2021, no legal courts had made decisions on the COVID-19 “vaccination.” While several state courts have said they will not make a decision as to whether a child should be vaccinated, many courts have given “tie-breaking medical authority” to the parent who favors vaccinating the children. ABA Vaccination Disputes Article
The author concluded that COVID-19 “vaccine” may present a different issue.
“. . .[I]t is clear that an anti-vaccination parent has a huge burden proving to a court of law why it is not in the best interest of the minor child to be vaccinated. It is yet to be seen how the courts will handle disputes between parents administering the COVID-19 vaccine to their children. The courts will have to weigh the best interest of the minor child with the safety and efficacy of the COVID-19 vaccine. With so many unknown factors involving the COVID-19 vaccine, it is likely we will see a rise in cases that are filed to address this very issue.” ABA Vaccination Disputes Article
Now is the time to get in touch with your attorney if both parents have strong, but differing, opinions as to whether a child should be vaccinated. Each state will have different laws and precedents for your attorney to discuss with you. In Texas, for example, the schools have a very broad religious exemption for declining vaccinations in schools. The Texas Family Code has provisions for joint and managing conservators, but also calls for parenting plans which could include a vaccination agreement. However, whether that parenting plan covers the COVID-19 “vaccination” is a question you’ll want to work out with your family law attorney asap.
A few tips when visiting with your family law attorney:
- Don’t assume your parenting plan is rock solid. It may just talk in general terms about medical decision or it may be specific to vaccinations. Is there an argument that the COVID-19 “vaccination” was not anticipated when you signed the parenting plan? The shot was not envisioned by the vast majority of Americans.
- If you don’t have a parenting plan, you might want to get one.
- If you suspect the other parent is going to “vaccinate” your child, you may want to ask your attorney about some kind of injunctive relief to temporarily halt the ability to “vaccinate” until the matter can be adjudicated.
For a more in-depth review of the topic in general, check out Marketwatch’s article on divorce and vaccination .
A serious topic requires a little levity. “One American marriage in every five ends in divorce. The other couples fight it out to the bitter end.” Jacob M. Braude. Given the statistic, you might have guessed that Mr. Braude’s quote was from the early 1960s. Nevertheless, despite its dark undertone, it did make me smile.
Let’s close with a happier thought by Sir John Bowering. “A happy family is but an earlier heaven.” May we all find this heaven on earth.
