Q: My ex-partner, who has always been controlling, is refusing to let our 13-year-old daughter have the covid vaccine. She really wants to have it, not just because all her friends are having it but because she believes it is the right thing for her. Can I go against his wishes and let her have it?
A: There are several factors to be considered here. Firstly, does your ex-partner have Parental Responsibility – which will normally be the case if he, as her father, was present at the registration of your daughter’s birth? If you both have Parental Responsibility, then you both have the right to consent to her medical treatment.
If you are unable to resolve the issue or to come to an agreement in your daughter’s best interests, you and your ex may need to consider, for example, mediation whereby you can both outline your concerns for and against the vaccine issue, discuss it at length and attempt to resolve it.
Alternatively, if your ex-partner is refusing to engage or you cannot come to an agreement, then you could seek court intervention by way of a Specific Issue Order. The court would consider the facts and then make a decision that is in your daughter’s best interest. Under s1(3) The Children’s Act 1989 particular consideration will be given to your daughter’s welfare, taking into account a statutory list of factors including, amongst other things, her wishes and feelings, her physical, emotional and educational needs, her age, sex and background.
Given that your daughter has expressed a wish to be vaccinated, the court will likely hold some weight in this factor. If you are unable to reach an amicable decision with your ex-partner, you should make an appointment to see a family solicitor who will be able to advise you on how to proceed.
This question has been answered by Deon Hayward, a Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter it is still possible, and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients. Where possible, we ask that you communicate with us by phone or email. If you have a new enquiry or for an appointment visit www.ghplegal.com or contact one of our offices: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
