Re C (A Child) (Immunisation: Parental Rights)
Where parents disagree about whether a child should be immunised, the court can make a specific issue order, deciding the question by reference to the child's welfare.
Facts
Two fathers, each of whom had a daughter with a mother from whom he was separated, applied for specific issue orders that their daughters should receive the vaccinations recommended by the Department of Health, including the MMR vaccine. The mothers opposed the vaccinations, because of concerns about their safety. The judge heard expert evidence and ordered that the girls should be vaccinated.
Legal principle
The Court of Appeal dismissed the mothers' appeals. Thorpe LJ said that the decision to immunise a child is an important decision which should not be taken by one parent alone where the other objects, and that the court has jurisdiction to decide such questions by reference to the welfare of the child. The judge had been entitled to accept the medical evidence that immunisation was in the best interests of the children, and the mothers' objections, although sincerely held, could not outweigh this. The case is an example of the court deciding a specific issue between parents with parental responsibility.
Related cases on private law disputes about children and child abduction
- Re B (A Child) (Residence: Biological Parent) [2009] UKSC 5, [2009] 1 WLR 2496
- Re D (A Child) (Abduction: Rights of Custody) [2006] UKHL 51, [2007] 1 AC 619
- Dawson v Wearmouth [1999] 2 AC 308
- Re E (Children) (Abduction: Custody Appeal) [2011] UKSC 27, [2012] 1 AC 144
- Re F (A Child) (International Relocation Cases) [2015] EWCA Civ 882
- Re G (Children) (Residence: Same-sex Partner) [2006] UKHL 43, [2006] 1 WLR 2305
- Re J (A Child) (Custody Rights: Jurisdiction) [2005] UKHL 40, [2006] 1 AC 80
- Re J (Specific Issue Orders: Child's Religious Upbringing and Circumcision) [2000] 1 FLR 571
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
