COVID Vaccination – Can You Force Your Child to Be Vaccinated?

Gilbertson Davis LLPAppeals, Coronavirus, COVID-19, Custody and Access, Family Law, Separation0 Comments

In O.M.S. v E.J.S., 2023 SKCA 8, a Saskatchewan father recently tried, and failed, to get a court to order that his 13-year-old daughter be vaccinated against Covid-19. The case illustrates some of the key principles that courts regularly apply when making determinations about medical treatments in the face of disagreements between separated or divorced parents. In this case, the parents had been separated since 2012. The parents had a high conflict relationship with numerous court attendances. Their daughter lived primarily with the mother, and under the terms of the decision-making responsibility (“custody”) arrangement, the mother had final decision-making responsibility over medical matters. The mother was opposed to vaccinations in general and questioned the accuracy of Covid-19 information circulated by public health authorities. She did not want their daughter to receive the Covid-19 vaccine. The daughter was also opposed to receiving the Covid-19 vaccine. The father wanted their daughter to … Read More