Parental Responsibility, Covid and Vaccinations
In this blog we will review what parent responsibility entails from a family law and practical point of view. The Covid vaccination has been rolled out everyone over the age of 12 and the flu vaccination is being offered to a greater range of young people too. We now also have booster jabs being rolled out to combat the Omnicron variant and parents are faced with decisions about taking up invitations for second vaccinations for children between the ages of 12 and 18. Understandably, concerns arise for what this means in situations where mother and father cannot reach agreement. The purpose of this blog will be to provide some guidance on your legal position regarding disagreements about vaccinations – or any other kind of medical treatment.
What is parental responsibility?
‘Parental Rights and Responsibilities’ under English law states that every mother and most fathers have legal rights and responsibilities as a parent following the birth of a child. Married parents, same-sex civil partners and unmarried fathers who are named on a child’s birth certificate share parental responsibility. Biological fathers can apply for parental responsibility after the birth, where they are not named on the birth certificate. Adoptive parents also have parental responsibility.
You do not lose parental responsibility following divorce or separation. Pleasingly, most parents continue to reach agreement on key parenting decisions around education, medical treatment and each person’s duty to care for a child after separating, but for some it isn’t that easy and you should seek advice at an early stage if/when this begins to become an issue.
Mother’s and father’s rights and responsibilities continue until the children are 18 and, will only be affected by local authorities raising concerns around the safety and wellbeing of a child and taking the child into protection.
How does parental responsibility work in practice?
Most people are aware of the existence of Parental Responsibility. However, there are many situations where questions arise as to how Parental Responsibility can be exercised.
You might be wondering “if we both have Parental Responsibility for our child – what happens if we don’t agree?”. Some questions cannot be resolved with a compromise. Where that is the case, mediation to reach a solution should be the first avenue considered. Often a neutral third party can help to navigate through the issue. Child-inclusive mediation, a relatively new concept where the child/ren speak to the Mediator directly, before the Mediator speaks to the parents is increasingly effective.
Clients tell us about tensions that boil over regarding major decisions and which can lead to conflict over everyday matters; such as who decides who cuts the child’s hair, and should the child be taken into public houses. These situations are not Parental Responsibility decisions. Having Parental Responsibility does not enable a person to dictate the day to day activities of the child/children, per se, when in the other parent’s care. The law expects that when a child/children is in the care of one parent or the other, that parent is (or should be) capable of making decisions that ensure the wellbeing of the child.
Parental Responsibility extends to decisions about education of the child – such as where and how; religion the child follows and most importantly, the ability to consent to medical treatment for the child. When couples cannot reach agreement we often start by looking towards ways to improve communication between mother and father to reduce tension. We encourage you to always consider the question “What is best for my child?” at the forefront of your actions. We understand this can be hard, especially if you feel the other parent is overreaching, and seeks to influence the parenting decisions that you believe are right.
Legal Separation, Divorce and Parental responsibility
It is not always necessary to get the consent of the other parent for routine decisions – even when they have Parental Responsibility – or we would be in a situation where nothing could be decided without consultation with the other parent. That simply would not be practical.
However, when there is a major decision to be made – for example around education or relocation, whether that’s moving to another part of the UK or to another country – you are expected to communicate and make decisions with the other parent. In situations like this, it is always recommended to reach an agreement in writing as to the decision that has been taken.
If you can’t reach an agreement and find practical solutions, it is always worthwhile considering mediation, and child-focussed mediation (such as that offered here: Issues Involving Children). Although Mediators cannot give you legal advice, they can work with us to help you to reach an agreement that resolves the issue or dispute, avoiding court and a decision being imposed on both of you. Family law mediators always look to balance the rights of the people who have Parental Responsibility against the wellbeing of the child. We can discuss Mediation with you and make the referral to Mediators we have worked with and whom we trust to help assist you, and us, in resolving disputes.
Vaccinations and Parental Responsibility
Returning to the question about medical treatments and, specifically the Covid vaccination programme, you will find that both mediators and the courts will focus on the best outcomes for the child. They will work on advice provided by the UK Government and the NHS, based on the latest understanding of disease biology and science. While Covid -19 is a relatively new issue to provoke controversy between parents, vaccinations generally have caused the courts issues for some time. For children living in England and Wales, the court has jurisdiction to rule in these cases and it can make an order that a child be vaccinated against the wishes of either of his or her parents.
If you would like to discuss this further and take advantage of our free half hour consultation call us on 01608 686590 or send us an email. You can also find out more about our services for clients regarding Children and divorce.
Useful resources for Parents:
Resolution – Separation & Divorce – Helping Parents to Help Children
