Insights

No jab, no way! Family Court has the power to order that a child be vaccinated

Family & Relationship Law
No jab no way

In the recent case of Covington & Covington (2021) FLC ¶94-014 the Full Court of the Family Court of Australia emphasised that the Family Court does have jurisdiction to make an order that a child be vaccinated.

In this case, the mother appealed against orders which, in effect, required the parties to support their child in receiving vaccinations. The mother was opposed to the child being vaccinated. She sought to have her appeal heard by the High Court of Australia on the basis of s 51(xxiiiA) of the Commonwealth of Australia Constitution Act, which forbids the Commonwealth provision of medical and dental services, and provides a freedom from compulsory vaccination.

The Full Court found that the mother’s argument had no merit. The Court also noted that the orders from which the mother sought an appeal had been made by consent, and that the mother could not successfully argue that her consent was withdrawn.

Parenting matters can be complex, and overturning consent orders can often be extremely difficult. If you require advice on any of the topics covered in this insight, please contact our team.

Source: Covington & Covington (2021) FLC ¶94-014; [2021] FamCAFC 52, 16 April 2021.

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