COVID-19 Vaccine Approval for Children Sparks Family Court Disputes

Strategic Insights -

As the US Food and Drug Administration approved Pfizer's COVID-19 vaccine for children ages 5 to 11, family law attorneys are anticipating a rise in disputes between parents with differing views on vaccination. Riker, Danzig, Scherer, Hyland & Perretti family law group chair Allen Scazafabo Jr. has fielded calls from several clients since the FDA's approval and expects child vaccination to become a significant issue in child custody cases.

Key Takeaways:

  • Approximately 3 in 10 parents of 5- to 11-year-olds are eager to vaccinate their children upon authorization, while 4 in 10 would wait to see how the vaccine works out for others, and 3 in 10 say they "definitely will not get" the COVID-19 vaccine for their 5- to 11-year-olds or their 12- to 17-year-olds (Kaiser Family Foundation COVID-19 Vaccine Monitor).
  • Family law practice group leader Tremain Stanley has seen the to-vax-or-not-to-vax issue come up between separated and divorced parents, particularly when one parent lives in a mandate-laden area.
  • In some cases, parents may not have the choice in vaccinating their child due to participation in team sports or other extracurricular activities requiring proof of vaccination.
  • Ultimately, in most scenarios where parents have disagreed on whether to vaccinate their child, the child has eventually gotten vaccinated.
  • Scazafabo projects that court decisions on child vaccination will evolve in lockstep with the mainstream world's acceptance of the vaccine.
  • Acceptance of the vaccine has climbed since its release in the spring, with the needle moving in the accepted direction, but still not widely accepted or rejected.

Statistics:

  • 30% of parents of 5- to 11-year-olds are eager to vaccinate their children upon authorization (Kaiser Family Foundation COVID-19 Vaccine Monitor)
  • 40% of parents would wait to see how the vaccine works out for others (Kaiser Family Foundation COVID-19 Vaccine Monitor)
  • 30% of parents say they "definitely will not get" the COVID-19 vaccine for their 5- to 11-year-olds or their 12- to 17-year-olds (Kaiser Family Foundation COVID-19 Vaccine Monitor)
  • The family court system is experiencing a backlog in cases, including an uptick in domestic violence proceedings.

Sources:

  • "Pfizer's COVID-19 vaccine for children ages 5 to 11 approved by FDA" (Oct. 29, 2021, AP News)
  • "Kaiser Family Foundation COVID-19 Vaccine Monitor" (late October 2021)
  • Interview with Riker, Danzig, Scherer, Hyland & Perretti family law group chair Allen Scazafabo Jr.
  • Interview with CSG Law member and family law practice group leader Tremain Stanley