Over the past few months we have seen an increase of heated disputes over vaccinating Children ages 5-17 as the COVID-19 vaccine becomes available and approved for younger children. Many parents can not agree on this topic and have turned to the New York courts to make that decision for them.
Recently, a NYS Court ordered that an 11 year MUST get vaccinated in a messy divorce ruling out of Monroe County. Justice Richard Dollinger sided with the pro-vax mother, despite the father’s concerns.
“Waiting to be sure” as the father put, does not rise to a level of concern regarding the side effects of the vaccine “when the specter of a killing or incapacitating disease is swirling in the environment surrounding this young girl,” Dollinger said in his ruling.
“Scientists may never catch up to this ever evolving and elusive virus and variants.”
Attorney Leon Mindin discusses his legal opinion regarding COVID-19 vaccines for children in a November 2021 video.
Justice Dollinger ordered the mother to schedule an appointment for her daughter to get the shot immediately and noted that the risks from the vaccine are lower than the risks that would come from the girl contracting COVID-19 — such as experiencing severe symptoms from the virus and importantly spreading it to others.
“This court is unwilling to kick this can down the road,” Dollinger wrote. “It could be years before any researchers have exacting accounts of either the short or long term consequences of the administration of this vaccine on 11-year-old girls with this child’s physiological makeup.”
This is not the first time that a judge has been asked to intervene in family disputes over the COVID-19 vaccine. In October 2021, matrimonial Judge Matthew Cooper (presiding in New York County Supreme Court) suspended a father’s visitation with his 3 year old unless he got the vaccine or had weekly negative tests.
The paramount concern when making any parental determination in which the Court substitutes its judgment for that of either parent, is the best interests of the child, under the totality of the circumstances. The Court determined that the best interests of this child are served by participating in the vaccine program. The mother wants the child vaccinated: the child agrees. So does her counsel. The father, already vaccinated, acknowledged that vaccines are important, even though he questions potential complications and side effects in its application to his youngest daughter. The child's pediatrician, selected by both parents, endorses an immediate vaccination and so did the Court.
You may access the full decision at J.F. v. D.F., Defendant., 2021 WL 5779901 (N.Y. Sup. Ct. Dec. 3, 2021)