If only one of the two parents agrees that their child be vaccinated against COVID-19, what recourse does each have to assert their position?
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Interviewed on the show To your business, the lawyer in family and youth law Me Valérie Assouline is unequivocal: “the authorization of the court will be necessary if a parent objects to the vaccine”.
The lawyer also advises parents against going to vaccinate a child without the knowledge of the one who opposes it.
“It’s not the best idea of the century,” she said, adding that this gesture would “not be much appreciated by the courts”.
“Respecting the parental authority of both parents is very important,” says Me Assouline.
She specifies, however, that a judge will assess what is in the best interests of the child to render a decision.
“The current case law today is to the effect that it is in the best interest of the child to be vaccinated and in the best interest of the child to respect the rules of public health”, underlines the lawyer.
A judge therefore risks ruling in favor of the parent who wishes to see his child inoculated, she believes.