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To vaccinate or not to vaccinate? What is the view of the Federal Circuit and Family Court?

Separated parents can often have differing views on how to raise their children.

In recent times a big issue for separated parents is whether or not their children should receive Covid vaccinations.

If separated parents cannot agree a Judge in the Federal Circuit and Family Court will make the decision. The Judge will first and foremost ensure that the child's needs are met and that a decision is made in the child's best interest.

The Federal Circuit and Family Court of Australia have created a 'COVID-19 list' to deal with issues that families are experiencing because of the pandemic such as "to vaccinate or not to vaccinate". The matters in the COVID-19 list' are dealt with as a priority.

These types of matters are dealt with on a case-by-case basis. Medical reports are generally required and are considered by the Judges to assist them in making these decisions.

In the recent case of Dacombe & Pattison [2021], each parent had a different opinion as to whether their child should receive the COVID-19 vaccination.

The general approach by the Federal Circuit and Family Court of Australia is to follow the health regulations that exist at the time the decision is made, all parenting matters are dealt with on the particular facts of that matter.

For more information on the Court's view on vaccinations and how you can help your family please contact our family team at MCW Lawyers on 02 9589 6666 or email us at


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