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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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  #11  
Old 12-16-2021, 06:32 PM
pinkHouses pinkHouses is offline
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Quote:
Originally Posted by Helpmyspouse View Post
Vaccines are not mandatory for high school kids in Ontario. The individual universities and colleges have chosen to implement this policy but it doesnt apply to high school. Well not yet at least.
Irrelevant for this item.
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  #12  
Old 12-16-2021, 06:39 PM
nofrills nofrills is offline
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Thanks for the responses. Very helpful knowing the courts are moving in the right direction.

Does anyone have any links to the case law I can review?
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  #13  
Old 12-16-2021, 07:46 PM
Helpmyspouse Helpmyspouse is offline
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Seriously? My post was directed to Brampton33 who had made an incorrect statement about high school kids needing to be vaccinated. That is not true. I can't make a correction for those that do care? And who are you to determine what is relevant or not?
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  #14  
Old 12-17-2021, 09:46 AM
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Originally Posted by Helpmyspouse View Post
Seriously? My post was directed to Brampton33 who had made an incorrect statement about high school kids needing to be vaccinated. That is not true. I can't make a correction for those that do care? And who are you to determine what is relevant or not?
It is irrelevant to the matter. The court will order for the vaccination to be delivered in any case unless they child has a ***TRUE*** exception of which is incredibly rare and medically proven. If the child has an exception it would be well known to both parents and the child would have a serious medical condition that would be well documented.

Suffice to say any parent, in a custody and access battle wants to crush the other parent who is anti-vax it is quite easy to do. You can basically setup the path to majority residency and sole decision making off the back of an anti-vaxer.

When you have someone spouting Donald-trump Q-Anon bullshit in a public court ... its a "basket" case... (or slam dunk).

Anti-vax parents look NUTS in front of a judge. You just have to know how to whip them into a frenzy.

EVERYONE SHOULD BE GETTING THEIR CHILDREN VACCINATED AND THEY THEMSELVES SHOULD BE VACCINATED!
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  #15  
Old 12-24-2021, 01:07 PM
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I would just let the ex take the lead here.

“I’m going to be vaccinating the kids in a few weeks. If you disagree I strongly urge you to file an urgent motion”.

You want to go to court over this. Antivax parents have something approaching a 0% success rate. There is nothing like unsuccessful litigation to stop future litigation.

Alternatively, if no motion is filed, go and vaccinate your kids. You only need one parent to consent.
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  #16  
Old 12-24-2021, 02:19 PM
Brampton33 Brampton33 is offline
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Quote:
Originally Posted by Janus View Post
Alternatively, if no motion is filed, go and vaccinate your kids. You only need one parent to consent.
I would advise against getting your kids vaccinated absent of your ex's consent. If you have joint decision-making responsibilities, both should agree to such a decision. If one parent disagrees, follow the proper process. Go to a mediation session if your court order requires, and if needed, file a motion to get a decision rendered.

It can go sideways if you have joint custody and you take matters into your own hands when you are in disagreement.
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  #17  
Old 12-24-2021, 06:19 PM
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Quote:
Originally Posted by Brampton33 View Post
I would advise against getting your kids vaccinated absent of your ex's consent.
There are two courses of action:

A - get the vaccine
B - do not get the vaccine

If the parents do not agree, there is no reason for it to default to option "B".

You give notice, and let the other parent try and stop you if they want. Spoiler: They will not be able to stop you.
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  #18  
Old 12-30-2021, 07:47 PM
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Quote:
Originally Posted by Janus View Post
There are two courses of action:

A - get the vaccine
B - do not get the vaccine

If the parents do not agree, there is no reason for it to default to option "B".

You give notice, and let the other parent try and stop you if they want. Spoiler: They will not be able to stop you.
To summarize my view on what Janus is saying:
This would be a violation of the court order but that will be overlooked.
They other parent can be told "file a motion with the court if you disagree".

Courts will be OK with it as long as the other parent gives timely notification.

How many days notification?
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  #19  
Old 12-30-2021, 08:44 PM
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Quote:
Originally Posted by pinkHouses View Post
To summarize my view on what Janus is saying:
Not sure if this was done in good faith or not

Quote:
This would be a violation of the court order
Unless the court order says "thou shalt not vaccinate thy children" I doubt any court order is being violated.

Quote:
but that will be overlooked.
What possible consequences would or could a court impose for vaccinating your child? It will absolutely be overlooked. Unless there is a specific court order that is being violated, contempt is off the table... which leaves what exactly?

Quote:
The other parent can be told "file a motion with the court if you disagree".
That is generally how things work. You argue, and potentially come to an agreement. If you cannot come to an agreement, the party that is looking to stop an action has to take the lead. If I decide to move and I have custody of the kids, I provide notice and my ex can try and stop me if she wants.

It is only wrong if I don't provide notice.

Quote:
Courts will be OK with it as long as the other parent gives timely notification.
The court can always rule against you, but generally speaking if you provide timely notification you won't get in trouble, beyond losing the motion and having to pay costs. That is not vaccine specific though.

In this particular case though, I am saying that if the antivax parent brings a motion, they will lose, which means that, yes, the court will be "ok with it".

Quote:
How many days notification?
The more the merrier, you don't want to make it look like you were trying to pull a fast one. I was suggesting one month, but to be honest I pulled that number out of thin air. Perhaps there is an actual timing guideline?
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  #20  
Old 12-30-2021, 10:58 PM
pinkHouses pinkHouses is offline
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If the parties have joint custody (decisions are made together) and do not agree on a medical procedure or medication AND one has that medical item done then yes, that is a violation of the court order. Maybe it weighs against the violating parent.

Most of the cases I saw were the parent wanting vaccination filing a motion against the other one, not vice versa.

I suppose that the vaccination can be booked and the other parent can be given the ability and option to cancel the vaccination; if they do not then everything is good to go. If they do then court.

Yes, I was posting that in good faith and trying to get a good legal sense.

This type of thing applies to a lot of situations so it is good to know what the proper way to proceed is. I still am unclear and judges have a lot of leeway.
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