If both parents agree on vaccination for their child, they can have their child vaccinated. Things can get difficult when parents disagree. Parents who are separated, in particular, often have different opinions about what is best for their child and whether child vaccination should be considered.
CHILD VACCINATIONS AND CUSTODY
The decisive factor is who has custody of the child. This also includes the authority to decide on medical issues for a child who is not capable of consent (under 14). If only one parent has the right of custody, he or she can in principle decide on medical treatment alone. However, the other parent must be informed. If both parents have the right of custody, each parent can represent the child alone externally. This means that one parent can take a child to the pediatrician alone to have the child examined, medically treated or vaccinated. It is not necessary to prove the consent of the other parent. It is therefore sufficient for the doctor if one parent (who has custody) agrees.
WHAT IF ONE PARENT ACTS AGAINST THE WILL OF THE OTHER?
In the internal relationship, i.e. between the parents, the principle of mutual consent must be observed. This means that the parents should try to reach an agreement on important issues concerning the children. If a child is simply vaccinated against the will of the other parent, this can lead to disagreements in the best case and to a legal dispute in the worst case. If the parents cannot agree on a course of action regarding their children under 12 years of age, the parent who is opposed to a child vaccination could try to prohibit it in advance with provisional court measures.
WHO DECIDES ON CHILD VACCINATION FROM 14?
From the age of 14, children can decide for themselves whether or not they want to be vaccinated, even against the wishes of their parents, provided they have the necessary capacity.
HOW DOES A COURT DECIDE ON CHILD VACCINATION?
Decisions of the competent guardianship court are always individual decisions. In these, the welfare of the child and a concrete cost-benefit assessment of the child vaccination for the child are in the foreground. The court must take the measures necessary to ensure the child’s well-being and health. The court’s decision may also be influenced by the approval of a vaccine or a recommendation by the Department of Health.
vaccinations AND EXPERT WITNESSES.
Generally, courts follow the expertise of expert witnesses or the recommendation of medical experts in medical matters. The respective physical condition of the child also plays a role, for example whether a child belongs to a risk group or perhaps has allergies or intolerances with regard to certain medications.
WITHDRAWAL OF (PARTIAL) CUSTODY?
However, if one parent categorically rejects child vaccinations of any kind without any scientific justification, the ultimate consequence may even be that the (partial) custody of this area is withdrawn from that parent, leaving the other parent with sole decision-making authority for this area in the future.
