Parenting Orders - decisions about child vaccinations
The law presumes that 2 parents or guardians of a child will share parental responsibility of that child. Decisions about having a child vaccinated will therefore need to be shared - parents/guardians need to agree on whether or not their child is vaccinated.
Some exceptions to the above arise when:
- A parenting order is in place which gives 1 person sole parental responsibility. In this situation the parent or guardian with full parental responsibility can make the decision to have their child vaccinated or not.
- If the child is 16 years old and is able to give informed consent themselves, the child can make their own decision about getting vaccinated.
- If the child is required to get vaccinated, then it is not a decision for a parent or guardian.
If parents with shared parental responsibility cannot agree they should seek legal advice.
Ten tips for separated parents during COVID-19 has been prepared by the Law Council of Australia.