Vaccinations

[hadenough]

That's a very wide net to cast! Funny. Usually see that sentence about Lawyers, not Doctors!

[blinkandimgone]

That is a really wide net to cast. Care to provide particulars and evidence to support your statement?

I believe he was speaking to his ex's beliefs, but I could be wrong

[hadenough]

I think you're right blink - a few previous comments by OP have been made in that "mocking our ex" tone that we've all done on occasion

[Tayken]

I think you're right blink - a few previous comments by OP have been made in that "mocking our ex" tone that we've all done on occasion

I wouldn't want to be the party casting that net in a Family Law court room about professionals in the health care industry unless there was substantial evidence to support the argument.

Just like going to court not to have your children NOT vaccinated. The courts won't go against the Ministry of Health and the College of Physicians and Surgeons generally.

I hope the OP doesn't share that opinion and is just mocking as suggested. The judge was "nice" in the analysis in the case law posted by Dinkyface in my opinion. It would have been interesting with a "Justice Quinn Spin" on it all a-la-Bruni v. Bruni.

Good Luck!
Tayken

[zenna70]

Kevindell...do u have a separation agreement? anything in it that states anything with respect to "non major medical" consent or no consent required?

My ex did not consent to my son getting MENACTRA....both my kids have been receiving vaccines since birth. I was dumbfounded when he did not consent. I emailed him and asked why he refused it? He couldn't even justify and answer. In my agreement things like vaccines, braces (orthodentics) are considered non major medical and I need his consent.
I was prepared to go to court and get the consent...my arguement would have been that kids were already getting the vaccines. Before I wasted my time and energy I emailed him and told him our son was going to get it becasue he could not justify a reason not to consent ....or I'd see him in court. He did't even acknowledge. So my kid got the shot.

There are some things that I too will be docuemnting and motioning to change...consent to put braces on a 13yr old kid....who won't smile bc he's embarrased of his teeth ...sad. Kid needs braces, dad doesnt think so (3 othrodentist says YES) dad doesn't want to pay which is fine bc I will pay for it all to see my son smile.

[Tayken]

Kevindell...do u have a separation agreement? anything in it that states anything with respect to "non major medical" consent or no consent required?

My ex did not consent to my son getting MENACTRA....both my kids have been receiving vaccines since birth. I was dumbfounded when he did not consent. I emailed him and asked why he refused it? He couldn't even justify and answer. In my agreement things like vaccines, braces (orthodentics) are considered non major medical and I need his consent.
I was prepared to go to court and get the consent...my arguement would have been that kids were already getting the vaccines. Before I wasted my time and energy I emailed him and told him our son was going to get it becasue he could not justify a reason not to consent ....or I'd see him in court. He did't even acknowledge. So my kid got the shot.

There are some things that I too will be docuemnting and motioning to change...consent to put braces on a 13yr old kid....who won't smile bc he's embarrased of his teeth ...sad. Kid needs braces, dad doesnt think so (3 othrodentist says YES) dad doesn't want to pay which is fine bc I will pay for it all to see my son smile.

Zenna70, you answered your own question in your message to the board highlighted in the above quote. From all accounts you have provided the only reason a rational parent who would not consent is one that is looking to create conflict or is possibly "over anxious" or possibly exhibiting an Axis II disorder (avoidance namely).

In the case law presented by Dinkyface, it is hard to identify if the opposing party to the vaccination was actually "believing" their own story or just bringing forward the argument for the sake of conflict. Or if the conflict was driven by an underlying mental health (Axis II disorder of the personality).

With regards to your matter. The fact that the other party refused to provide consent without reason in my opinion demonstrates they just want to create conflict for the sake of conflict.

It is unfortunate that the courts do not have the tools necessary to evaluate the underlying psychology of litigants before the court. Maybe there would be faster resolution to the issues facing families in transition if there was better integration with the health care system and identifying mental health issues of parents.

Good Luck!
Tayken

[zenna70]

Tayken...knowing my ex he'd tell the judge that I'm the one with the mental issue.
The past 3 years have been all about my ex wanting to control what the kids do, what they get, and even to the point to how they "speak". He tries to correct their grammar (in front of ppl) when he himself can't even string a proper sentence together.
What's really sad is how I have to pussy foot around him after being separate from him 3 yrs and divorced now too. I suppose as the kids get older this consent/no conset bull will be put to rest... till then I will have to be resourceful and use the courts (waste of time and $ for all)

Who's quote is it..."why can't we all just get along?"

[OrleansLawyer]

If the OP has custody, take the kids to be vaccinated. "Forgiveness comes easier than permission" would seem to be the axiom for the issue.

If not, and it is important to you, then court is likely to be your only recourse.

[Teenwolf]

Here's a case law to support your stance:

CanLII - 2002 CanLII 49568 (ON SC)