QLD Shared parental responsibility - Covid Vaccine Disagreement

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JadeGoldCoast

Well-Known Member
7 October 2017
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Hi all,

Thank so much for your input. The child has an appointment booked to receive his vaccine on Friday.

The mother yesterday sent the following SMS to my partner: Hi (partners name), I will be forwarding a letter shortly and until it is received NO CONSENT IS GIVEN IN ANY WAY, and (child) is NOT TO BE VACCINATED under any circumstances at this stage. You will receive email correspondence shortly.

We have just received her email, which also has the ICL cc'd into it. The attached two page letter to the email basically states that the mother is "exercising her right to refuse the vaccine". It then goes on to outline that she made the decision based on religious beliefs and medical research (she is not religious), lists ingredients and side effects, and that court proceedings are starting this month to stop children receiving the vaccine in Australia. She then says 'I am formally placing you on notice that should you make any attempt at all to coerce, intimidate or discriminate against (child) in any way as a result of my decision to not accept a vaccination at this time, I will proceed with legal action through the courts". She rounds off the letter stating there are rumours that COVID 19 vaccination buses may attend the child's school and the child isn't to receive the vaccine as both parents need to provide consent.

She also attached a 72 page document, which looks like it is written be someone in America as her 'evidence'.

Should this change our plans in anyway? The mother isn't relying on any kind of real research and it appears very conspiracy theorist driven.
My partner's co-worker is currently isolating due to his child contracting the virus, and he is on alert to take the child to hospital as the child is extremely unwell.
In my mind, we should proceed as the child's health is priority as Tim W has pointed out.
 

Atticus

Well-Known Member
6 February 2019
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Should this change our plans in anyway?
No .... She will never willingly give consent anyway .... Your child's immediate health & the demonstrable clear & present risk is all you need to act in the best interests of the child .... Hopefully the cc to the ICL & any subsequent rant in court on the dangers of a vaccine will be her final undoing.
 

Tim W

Lawyer
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28 April 2014
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sammy01

Well-Known Member
27 September 2015
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72 page affidavit? I hope you're self repping so your not paying a lawyer to read that nonsense
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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She also attached a 72 page document, which looks like it is written be someone in America as her 'evidence'.
Ooooooh, she's "done her own research"....
 

Immismum

Well-Known Member
11 May 2020
40
3
129
Has the child received all the normal childhood vaccines? The only thing that gives me pause about going ahead is the fact that the COVID vaccine is not on the childhood vaccination schedule at this stage, although it is funded. If you go ahead and get the kids vaccinated, then you are guaranteeing that you won’t see him again until there is a court hearing. Mum will withhold, to ensure he doesnlt get a second vaccination.
That will be distressing for him, and for you, and is it really worth it?
Don’t get me wrong, I’m massively in favour of vaccinations and my own kid is vaccinated, but the child will be distressed by the vaccine, as he has been told how many bad things there are in it, mum will withhold until a court hearing, and you are proving that you guys can’t work together.
Personally I’d delay the vaccination, and ask for an interim order for vaccination at the next hearing or mention as a matter of urgency. I’ll also ask for sole parental responsibility at least with respect to medical decision regarding vaccinations in general.
 

Immismum

Well-Known Member
11 May 2020
40
3
129
Unfortunately in this instance it may well have been far better to get him done without telling mum, and then saying oops, I just thought you’d want him vaccinated, so thought I’d get it done to save you the trouble. Especially if he’s had all his other immunisations. Going against mums express wish while you are before the judge will just make life harder
 

JadeGoldCoast

Well-Known Member
7 October 2017
179
4
394
Sammy - it wasn't a 72 page affidavit thank god, it was an attachment to her email sent to my partner and the ICL.

She has since written a similar letter - this time on lawyer letter head - to the schools principle stating child isn't to be vaccinated and threatening legal action if he is. Knowing the mother doesn't have a lawyer, I have googled the firm and found she is using a free template. If anyone is bored enough they can follow the below link and click on 'children school letter' for a copy.
Letters and Information - Call Peter | Maatouks Law Group

Immismum - thanks for your advice. Thankfully the child is in our care until after the first week of school (normal term so Friday 28th Feb. This isn't going to be enough time to get the child's 2nd vaccination, but court is the following week on the 2nd.
Also, the judge has left our 'application in a case' on hold, requesting full custody for a period of 6 months due to the mother ignoring the judges orders and continuing to withhold the child bac in August. He has advised if mother withholds the child againb, we need to contact his chambers and he will see the case to change custody within two days. This was purely to make sure mum followed orders relating to shared care.

I do worry it is showing we cant cooperate - but in reality we can't. She doesn't agree to anything. Also she states it's her right to refuse the vaccine for the child, what about his right to up to date medicine and protection from the virus?

We have hospital records of the child missing his 6 months immunisations. When asked, she told them it was because she had been busy with her own illnesses. Child was 10 months and hospital didn't let him leave until he was immunised. Child received his 4 year immunisations upon receiving our last application for court.
 

Atticus

Well-Known Member
6 February 2019
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Going against mums express wish while you are before the judge will just make life harder
Highly doubt it in this instance ... Mum's 'wishes' are based on theories & rubbish.

The family court is not going to entertain any of this nonsense from parents who raise it as 'evidence' to support thier objection .... They are going to back the peer reviewed findings of medical experts & immunologists from all around the world.... mum's digging a hole for herself.