Immunisation – what happens if we don’t agree?

Q: I want to get my baby immunised but he lives with his mother, who is opposed to immunisation.  Can I have a say?

A: Guardians have a right to make and be involved in any major decisions relating to a child’s upbringing which can include things like health, education and religion.

Who is a Guardian?

The mother of a child is always a guardian (unless she has been removed from that role by an Order of the Family Court).  The father is automatically a guardian if he:

• Was married to or in a civil union with the mother at any time during the period beginning with when the child was conceived and ending when the child was born; or
• Was living with the mother in a de facto relationship at the time the child was born, if the child was conceived prior to 1 July 2005; or
• Was living with the mother in a de facto relationship at any time during the period beginning with when the child was conceived and ending with the birth of the child, if the child was conceived on or after 1 July 2005; or
• Is registered on the child’s birth certificate as being the father, the mother and father both having notified the registration of the birth.

What to do in this Situation?

If possible, discuss the situation with the child’s other guardian and try to reach some form of agreement.  It may help to visit your GP together to discuss the benefits and risks of immunisation.

If you cannot agree between yourselves, the Family Court can arrange free and confidential counselling for you both to attend for up to 6 sessions.  This may help you reach an agreement.

If you are unable to come to an agreement about a guardianship decision then you can apply to the Family Court asking the Court to make that decision.  The age of your child will be a factor and it is likely that a lawyer will be appointed to represent your child.  The court will order what it believes to be in the best interests of your child in the circumstances.

If you require further information on guardianship issues or any other family law matter, or you would like to arrange an initial consultation, contact us on (04) 473 6850.