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Family Law: What can I do if we can’t agree about the COVID-19 vaccination for our child?

The COVID-19 pandemic has raised all sorts of questions for us about our day-to-day life, our health, our jobs and trying to decide what is best for us, and our children.

In 2020 the Family Court recognised that separated parents may need assistance to deal with these issues and so they created a special COVID-19 Court List.  This List is designed to deal exclusively with urgent family law disputes that have arisen as a direct result of the COVID-19 pandemic. See our earlier blog with information about the COVID-19 list HERE.

The next major issue we are facing in this COVID-19 pandemic is the rollout of the vaccine, and again the court have recognised that this issue may be one where parents can’t agree, so this issue is now included as a matter which can be decided by the Court, in the COVID-19 list.

From January 2021 the COVID-19 list has been expanded to include a number issues which may be in dispute and are associated with COVID-19, these are:

  • Family violence;
  • Suspension of parenting orders due to a family violence order;
  • Vaccinations;
  • Medical;
  • Travel arrangements or border restrictions;
  • Supervised contact;
  • Urgent or priority financial and maintenance issues;
  • Failure to resume time in accordance with parenting orders or a parenting plan; and
  • COVID-19 related employment.

All family law matters should generally, try to be resolved through negotiation and mediation first. But sometimes, parties are unable to reach agreement and judicial determination is needed.

If you have a parenting or family law matter which is affected by COVID-19 and you want more information about this process, here is a link to the Court website.  Otherwise, please feel free to contact one of our family lawyers who are assisting parties in dealing with parenting matters during the COVID-19 pandemic.

Joelene is an experienced Gold Coast family lawyer and Associate Director at McLaughlins Lawyers. She uses her legal knowledge and skills to help people resolve their family law matters.  If you would like to understand more about parenting matters during the COVID-19 pandemic you can contact Joelene or a member of her team on (07) 5591 5099.


Author: Joelene Nel

Director: Sophie Pearson

Date: 23 March 2021