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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 03-18-2019, 07:47 PM
nofrills nofrills is offline
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Default Vaccinations for my kids

Hi everyone.

I share custody of my 2 kids (8 girl/6 boy). They have not been vaccinated and I would like them to get vaccinated. My ex is strongly against vaccinations, yet she believes in garlic pills and non-proven medicines.

At school, we had filled out the form for the exemption so that they could go to school. However, neither of us went to the required info session required for approval. Now the school has come back and asked us to redo the forms.

I have always wanted to get the kids vaccinated, but couldn't because I didn't want to argue with the ex because it was like talking to a wall about science and i was wasting my breath and energy.

Now that we are divorced, I want to vaccinate but I can't unilaterally do it. Can the government help me force vaccination if one parent agrees. As it's in the best interest of the kids and the public. There seems to be a reported case of measles popping up every year and it's just a matter of time before we get hit in Toronto.

My fear is the kids getting exposed and exposing other kids. Also if there is a outbreak at school, they will be sent home until the school is cleared which could be weeks. In so many ways, it is so wrong.

Is there any precedences or does this have to go to court.

Anyone have experience with this?

thanks again.
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Old 03-19-2019, 03:31 AM
tilt tilt is offline
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Donít sign forms you donít agree with would be step number one. Not being vaccinated could mean one or both of your kids dying, so this is definitely something to take seriously. Make an appointment with the kidsí doctor, explain the situation and ask for their help. Then make an appointment to get them on a vaccination schedule and invite your ex along. I believe the doctor will give appropriate evidence-based care based on just one parentís ok, but it is up to the individual doctor. If she refuses to allow them to be vaccinated she can bring a motion to court to block you from providing medical care, but I donít think a judge would sign off on the kids being unvaccinated without a valid medical reason. You could counter-argue that you need sole control over medical decisions as she has proven herself to not be able to act in the childrenís best interests.

Case law:

https://www.canlii.org/en/on/onsc/do...5onsc2201.html

https://www.canlii.org/en/bc/bcsc/do...2bcsc1491.html

https://www.canlii.org/en/bc/bcsc/do...12bcsc863.html

https://www.canlii.org/en/on/onsc/do...nlii49568.html
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Old 03-19-2019, 10:00 AM
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Janus Janus is offline
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Why can't you unilaterally just get them vaccinated?

I would send a message to the ex, saying that you intend to vaccinate them in one months time as per almost universal scientific consensus, and that if she disagrees she needs to start a motion during that time.

Then one of two things happen:

1) She starts a motion. You eventually win, get costs, and get them vaccinated

2) She goes to a lawyer who lets her know that she is crazy, she never starts the motion, and a month from now as scheduled you get the kids vaccinated.

There is no need to initiate the court stuff. Let the other party do it. Most of the time their bark is much worse than their bite. It is normal to vaccinate, she has to be the one to try and stop it.
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Old 03-19-2019, 10:17 AM
iona6656 iona6656 is offline
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^^what they said.

Janus- I'm not sure you can unilaterally get the child vaccinated....although. If you have shared custody- I don't think doctors look too closely at Custody and Access Agreements. I took my daughter for her 18 month vaccinations when her dad and I were separated. Her pediatrician never asked whether Dad was okay with it. Then again, he has never met dad...so, you know.
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Old 03-19-2019, 12:00 PM
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Quote:
Originally Posted by iona6656 View Post
Janus- I'm not sure you can unilaterally get the child vaccinated....although. If you have shared custody- I don't think doctors look too closely at Custody and Access Agreements. I took my daughter for her 18 month vaccinations when her dad and I were separated. Her pediatrician never asked whether Dad was okay with it. Then again, he has never met dad...so, you know.
This is admittedly anecdotal, but I have gone to multiple doctors for vaccinations, and nobody ever asked if my ex consented to any vaccinations. Probably because most doctors assume that consent is implied for vaccinations.. as it should be.
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Old 03-19-2019, 12:50 PM
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Quote:
Originally Posted by Janus View Post
This is admittedly anecdotal, but I have gone to multiple doctors for vaccinations, and nobody ever asked if my ex consented to any vaccinations. Probably because most doctors assume that consent is implied for vaccinations.. as it should be.
In Janus' scenario, the other parent finds out and calls the Doctor and complains... Threatens... And now you have a great witness to call in the matter about how crazy the other parent is. There are many up-sides to his advice.
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Old 03-21-2019, 11:01 PM
nofrills nofrills is offline
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Thanks you for the suggestions and opinions. Very helpful.

Iíve scheduled a meeting with the childrenís doctor to discuss a vaccination schedule and to get familiar with the vaccines. Iíve told the ex, I will be meeting with the doctor.

Next, I will attend the vaccination course, then get the certificate. Then ask the ex to discuss with the childrenís doctor and hope that he can convince her.

After that, I will give her notice.
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Old 03-24-2019, 10:18 AM
denbigh denbigh is offline
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That sounds reasonable and gives mom a chance to go with you and hear what the doctor says, and given all the publicity on measles hopefully she will change mind, but if push comes to shove I doubt a court would side on no vaccines. As a parent I have never been asked even once if my husband/ex consented to a vaccine, a medication, a test, an appointment whether married or divorced. Even when child had surgery when we were still married, I took child to specialist, pre op. admitting, never once did they ask if both parents consent or for signature for 2 parents. Just one parent. Now that we think about it, I donít think they even asked if I was the parent at all? Iím not sure. I think it is implied. I recall at the public health centres they did but not the doctors office, but then Iíve been there a hundred times so dr knows who I am. I canít remember if a hospital admitting or er has, but then again there you have to sign a consent for treatment so maybe in the consent it asks if you are the legal guardian.
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Old 03-31-2019, 09:18 AM
denbigh denbigh is offline
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I jusr read this article. It is so strange , I canít believe the arbitrator sides with the anti vaccine mom when there is so much actual quality science the other way
https://nationalpost.com/news/arbitr...ion-expert/amp
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Old 04-04-2019, 05:44 PM
NoofyInc. NoofyInc. is offline
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Do not vaccinate your kids before doing extensive proper research, don't get brainwashed by all the media fear mongering. Your kid is more likely to get sick or vaccine damaged from the vaccines than actually contracting any serious illness which vaccines are somewhat ineffective of preventing anyway. Measles was very common back in the day, like chicken pox and once you get it you are immune for life.

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