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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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  #1  
Old 01-27-2021, 02:00 PM
arbortrail22 arbortrail22 is offline
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Default Anti Vax

Hypothetical question -

Children are 9 and 10 - have been fully vaccinated from birth including flu shots every year.

Parents are divorced- share custody on important medical decisions.

One parent in the past year has become anti-vaccinations and has just withdrawn all consent for vaccinations.

That parent took the children for flu vaccinations as late as 2019.

Thoughts on if one parent revokes consent here the other must follow? Interested in points of view. Thank you.
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  #2  
Old 01-27-2021, 02:03 PM
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Janus Janus is offline
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There is no "point of view". The case law is pretty much a consensus.

Vaccines are recognized as an appropriate medical treatment. If one parent supports vaccines, and the other does not, the judges always side with the parent whose opinion lines up with the medical community.

The parent who supports vaccines does not even have to go to court. Just notify the other parent that you are giving the kids a vaccine. Let them try and take you to court and attempt to stop you.
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Old 01-27-2021, 02:21 PM
Kinso Kinso is offline
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A.P. v. L.K., 2021 ONSC 150 (https://canlii.ca/t/jcgf7)
B.C.J.B. v. E.-R.R.R., 2020 ONCJ 438 (https://canlii.ca/t/j9z23)

Very recent cases on this issue.

Short answer: Kids get vaccinated absent clear medical evidence that a certain child should not be. The parent who supports vaccines will likely get custody on medical issues.
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Old 01-27-2021, 03:08 PM
arbortrail22 arbortrail22 is offline
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Thank you Kinso and Janus...
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Old 02-05-2021, 01:38 PM
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Quote:
Originally Posted by Kinso View Post
A.P. v. L.K., 2021 ONSC 150 (https://canlii.ca/t/jcgf7)
B.C.J.B. v. E.-R.R.R., 2020 ONCJ 438 (https://canlii.ca/t/j9z23)

Very recent cases on this issue.

Short answer: Kids get vaccinated absent clear medical evidence that a certain child should not be. The parent who supports vaccines will likely get custody on medical issues.
Oooo I missed that one. Thanks!
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Old 03-01-2021, 03:10 PM
arbortrail22 arbortrail22 is offline
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What would you do if the other parent continues to "withdraw consent" for otherwise previous status quo medical decisions? For example, "withdrawing consent" for flouride 5 minutes before a dentist appointment starts by calling the dentist office and sending texts. There is a larger issue medical custody considering a change in beliefs.... however, until we can move forward with motions, do you just comply with the request? Obviously not following the dispute resolution in the agreement.
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Old 03-01-2021, 03:15 PM
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Is there nothing in your agreement related to final decision making authority? A lot of agreements have something along the lines of however if both parties cannot agree, Parent A has final decision making authority for day to day medical decisions.

I would think a fluoride treatment is day to day. As opposed to major dental surgery.


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Old 03-01-2021, 03:32 PM
arbortrail22 arbortrail22 is offline
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The existing agreement is joint decision making with no final authority. Calling the dentist last minute was a strong move as now the office won't do it. Oh the games!
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Old 03-01-2021, 06:28 PM
Brampton33 Brampton33 is offline
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Most separation agreements have a dispute resolution clause. Parents have joint decision but if they cannot agree they can seek a mediator. If mediator does not untangle issue, then either can bring forth a court application.

Having joint custody means joint decision making. This does not mean that Parent A decides and tells Parent B what they decided and therefore Parent B must agree. It means that both parents approach an issue and discuss the possible options and arrive at a consensus on a particular decision. This would include a proper period of time for open discussion on the issue.

Calling dentist 5 minutes before an appointment and dictating how its going to be is not joint decision making. The proper course of action would have been for Parent A to discuss the topic with Parent B well in advance and figure out if they are in agreement or disagreement. If not, then seek dispute resolution on the topic. Having one parent unilaterally make the call without giving the other parent the opportunity for any input will only backfire on them.
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Old 03-07-2021, 02:02 AM
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Originally Posted by Brampton33 View Post
Most separation agreements have a dispute resolution clause. Parents have joint decision but if they cannot agree they can seek a mediator. If mediator does not untangle issue, then either can bring forth a court application.
Most agreements written by lawyers worth their weight don't have mediation clauses. They have arbitration clauses. Sometimes mediation-arbitration clauses.

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Originally Posted by Brampton33 View Post
Calling dentist 5 minutes before an appointment and dictating how its going to be is not joint decision making. The proper course of action would have been for Parent A to discuss the topic with Parent B well in advance and figure out if they are in agreement or disagreement. If not, then seek dispute resolution on the topic. Having one parent unilaterally make the call without giving the other parent the opportunity for any input will only backfire on them.
Problem is that this is a high-conflict parent that pulls this stunt. Reasonable people do this so reasonable expectations of conflict resolution go out with the bath water in these situations.
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