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      Can the court force you to vaccinate your children?

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      Can the court force you to vaccinate your children?
      The continuing roll-out of the Covid-19 vaccination programme has brought back the debate on the safety and long-term implications of administrating vaccines.  
      Similar to when Andrew Wakefield released his false conclusions that the MMR vaccine could be linked directly to autism,  a minority of people fundamentally opposed to vaccinations have found a voice. 
      The speed at which vaccines for Covid-19 have been approved appears to be at the root of concerns. People who may have previously been pro-vaccine may now have doubts – particularly parents considering vaccinating their children. 
      And while children are not currently in line to receive the vaccine, the current situation shines a spotlight on the difficulties they face if separated parents have very different beliefs about childhood vaccinations.
      The law on vaccines
      Vaccines are not compulsory by law.
      However, there have been several recent court cases that have dealt with childhood vaccinations, including Re H (A Child: Parental Responsibility: Vaccination[2020], a case where a local authority wanted to vaccinate a child in its care against the father’s wishes; and M v H and P and T [2020] EWFC 93, a private law case where the judge ruled that NHS scheduled vaccinations (i.e. MMR and others) were in the best interests of the children despite the mother’s objection. 
      The general principles from the family court are that if the vaccine is approved by the regulator and in the child’s best interests, the court will almost certainly rule in favour of administering the vaccine. 
      Putting aside the arguments for and against, from a child law perspective, this issue is no different from other issues that can arise between parents regarding what the law terms as “specific issues” about their children. These include decisions about which school they should go to, what religious education they should receive or the medical treatment they should have. 
      So what options do you have if you cannot agree on ‘specific issues’ with your ex-partner? 
      Resolve between yourselves 
      The best approach, if possible,  is for parents to agree directly with each other on any arrangements and specific issues as they are the right people to make decisions concerning their children.   
      Family counselling or mediation
      However, this is not possible in certain situations, and the introduction of a neutral third-party can help. 
      Some separated parents can benefit from family counselling and other alternative dispute resolutions services, including mediation and collaborative law. 
      These routes can reduce the time and cost for everyone, avoid protracted court proceedings, benefit future relationships, have a far higher success rate, and put the child’s best interests first. 
      Going to court 
      If all else fails, then the decision will have to be passed to the family courts. 
      The Court can order what is known as a Specific Issue Order under Section 8 of the Children Act 1989. 
      In these circumstances, the Court will have to determine the issues based on what it believes to be in the children’s best interest and not necessarily what the parents want.  
      The court has particular regard to the factors at section s1 (3) of the Children Act 1989, the welfare checklist, namely:
      Wishes and feelings of the child concerned (considered in the light of his age and understanding);
      Physical, emotional and educational needs;
      Likely effect on him of any change in his circumstances;
      Age, sex and background;
      Any harm or risk of suffering;
      The range of powers available to the court 
      At the moment, children are not due to be vaccinated against Covid-19. However, if the Covid-19 vaccination is approved for children and added to the NHS list of childhood vaccination, we may see an influx of applications for a specific issue order for a child to have the vaccine being made to the courts. 
      Considering the current backlog at the family courts, exacerbated by the pandemic, where possible, it always preferable for parents to resolve matters outside of the courts. 
      Get in touch
      If you would like any legal advice as you cannot agree on ‘specific issues’ with your ex-partner please do contact our Client Care Team to speak to one of our specialist divorce lawyers here.  More

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      “Why are we still at home?” Fostering children’s questions during COVID-19

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      Mom, why do penguins have wings?
      Because they were born with them.
      But, why do they have them, if they can’t fly?
      Because their wings help them swim.
      Why?
      Because they’re like flippers in the water.
      Why are they like flippers?
      They just are.
      This type of conversation is nothing new to parents of young children. The constant “why’s” of childhood can be exasperating, as children repeatedly push for more and more information. But despite the challenging nature of these moments, these “why” questions are actually quite important for children’s learning: They show adults what children want to learn (Callanan & Oakes, 1992), reveal what they are naturally curious about, and help them gain information about the world around them. In the example above, the child learned that penguins’ wings are not meant to help them fly at all, but to help them swim. In this case, the child’s causal questions, aimed at gaining explanations, were persistent: She wanted specific information and was unsatisfied with her mother’s initially circular answer.
      Research suggests that children demonstrate these persistent questioning behaviors often, sometimes even coming up with their own answers and explanations when parents don’t give a satisfying answer (Kurkul & Corriveau, 2018). Even infants do this. Although babies can’t ask verbal questions, they use pointing gestures to request information from adults (Kovacs et al., 2014). Infants are also persistent — they continue pointing when an adult provides an unsatisfying answer to their nonverbal query (Lucca & Wilbourn, 2019).

      Although asking questions is commonplace in childhood, the “new normal” brought about by the COVID-19 pandemic may affect children’s inquiries. As many news outlets and school announcements remind us, we are currently living in “unprecedented times” in the wake of the virus. How does a worldwide pandemic affect children’s questions?

      The research is clear: Children ask questions about the world and persist in asking their questions when they aren’t satisfied with the answers. Why? Because children are curious and know that adults can provide them with rich information. Children’s questions become even more incredible when we open our eyes to the complexities that allow questions to flow so seamlessly from their mouths: They must identify where they need information, come up with a question to address the gap in their knowledge, and direct their query to an appropriate, knowledgeable person.
      Although asking questions is commonplace in childhood, the “new normal” brought about by the COVID-19 pandemic may affect children’s inquiries. As many news outlets and school announcements remind us, we are currently living in “unprecedented times” in the wake of the virus. How does a worldwide pandemic affect children’s questions?
      During stay-at-home orders, children may have fewer experiences with other children and adults. Research suggests that as preschoolers develop, they become more skilled at directing their questions to appropriate people (Choi et al., 2018). For example, they learn over time that some questions will be answered better by adults than by children. Without practice asking questions and evaluating responses from different children and adults, children may not be as well prepared to ask and answer questions.
      Additionally, children are missing out on many of the stimulating experiences they had before the pandemic, experiences that prompt curiosity and questions. For example, one study found that children asked fewer questions when viewing replicas or drawings of animals than when viewing live animals in a zoo (Chouinard et al., 2007). Questions about penguins’ wings, for example, might just not get asked. Television or videos don’t promote that much inquiry, either: Young children do not learn as much from television as they do from live interactions (Anderson & Pempek, 2005). Nor do electronic toys or tablets seem to spur children’s questions as often as real interactions do (Neale et al., 2020).
      How can we expose children to objects and events to stimulate their questions during quarantines? Here are several ideas you can try:
      Demonstrate how to ask questions. Even during a pandemic, children mimic what they see. Parents who ask questions have children who ask more questions. Instead of asking simple yes/no questions, try asking open-ended questions that use why and These are questions that get children thinking. Kids learn words more successfully when the words are presented as parts of questions rather than as statements.
      Curiosity spurs questions. Look at what your child is looking at. If you ask them a question, they might then ask you one. On a walk or in a park, ask questions about what you see. There is so much to query, for example, why do leaves fall off trees? Even watching a snow plow salt the roads can spark children’s curiosity. Why does salt make the snow melt? These experiences can elicit genuine, causal questions from children. Sometimes, children just need to be given the opportunity to ask. And we need to have the impetus to use the web to find the answers.
      Parents’ attention enables questions. Preliminary research in our lab suggests that children are more likely to ask questions when their parents are undistracted than when the adults are using their cell phones. It’s difficult to separate work and home during the pandemic, but try to reserve some time each day that is off limits for phones. Putting your phone away can signal to children that you are available, listening, and ready to respond to their questions.
      Children are curious. They want to know.  And digital babysitting leaves that thirst for knowledge unsatiated. Although the pandemic certainly raises obstacles to some of the experiences that typically stimulate children’s questions, parents have the power to increase children’s inquiry, even at home.
      Header photo: Tinuke Bernard. Unsplash. More

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      in Children

      Making arrangements for children during Christmas and COVID

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      Child arrangements during Christmas and COVID
      As we approach the end of what has been a truly eventful year, most of us are hoping the Government will relax lockdown rules so we can spend Christmas with family and friends. 
      Time with loved ones has never felt so important, but, for separated parents, Christmas can be a time of tension, as plans need to be agreed about where and how children will spend the festive season.  
      Never mind the need to factor in the impact of COVID19 and, as yet unknown, lockdown restrictions.
      So, we asked our Regional Director for Yorkshire, Rachel Roberts, to share her advice on child arrangements during Christmas and COVID.
      COVID, child arrangements and Christmas 
      When Boris Johnson announced the first lockdown back in March, one of the things we noticed at Stowe was a sharp increase in enquiries from separated parents who were struggling to agree how to manage the impact of the pandemic on the current child arrangements in place. 
      This increase in enquiry levels continues as lockdown rules have become more complicated and there have been increased periods of self-isolation as children returned to school.  
      As we approach Christmas, we are seeing a flurry of clients getting in touch for help to try and resolve arrangements for the festive season. This happens every year, but this year, with the impact of Covid and parents often having different ideas around what degree of mingling with other households is likely to be acceptable, the number of concerned parents making enquiries is higher than ever. 
      Before I turn to my tips on how best to manage arrangements, there are a couple of key points from the Government and family law sector that are certainly at the forefront of my mind when advising clients.
      In September, a leading family judge made it clear that parties should only be bringing disputes over children to court where absolutely necessary. The judge went on to criticise parents for asking the court to micro-manage children arrangements. 

      The view from the court is clear – where possible you should be sorting these things out yourself.

      It is too early to tell what lockdown restrictions will be in place at Christmas. However, to date, the Government has been clear that none of the restrictions prevents children from moving between separated parents, provided they are not self-isolating. 
      It seems unlikely that this will change, and CAFCASS (the government body that advises the court on children disputes) has stressed the need for children to maintain their usual routine.
      All that said, it is naive to think that difficulties will not arise, and the following guidance may help avoid unhappiness at Christmas.
      Tips for making child arrangements this Christmas 
      Preparation is key

      With the added unknown of potential lockdown restrictions, trying to put in place arrangements for Christmas in advance is tricky.
      If you do not have plans in place now is the time to start. Talk to your ex-partner and agree on arrangements that work for you all.
      Some clients I have worked with agreed that the children would spend Christmas Eve at one home and then return to the other for lunch on Christmas Day through until the 27th.
      Other clients decided that they would spend the whole festive period with one parent and the next year spend it with the other, alternating between the two.
      It is a personal choice based on what works for your family, but also the age of the children, location and how amicable you are.
      And this year, more than any other, be prepared to be flexible as plans may need to change. 

      Focus on the children 

      First and foremost, put the children at the heart of the plans you make. A different type of Christmas can still be a good Christmas. Talk about the positive: two Christmas Days, two sets of presents etc.
      Make sure you share your plans with the children. Depending on the age of the children, ask them what they would like? Older children need to feel they have a voice. 
      Once in place, sharing plans with the children means they know where they will be throughout the holiday, and the routine will make them feel safe and secure.
      Creating a visual plan can help as dates can be difficult for a child to understand. One client created a Christmas themed wall planner for their younger children. A tech-savvy teenager may prefer a joint Google calendar.

      Be fair to the other parent

      If this is your first year as a separated parent, this will all feel very raw and difficult. It is likely that you will both be dreading not spending Christmas entirely with your children. 
      Even though it can be difficult, try to think about the impact of any plans on your former partner. Ask yourself if you would be happy with the proposed arrangements next year? If the answer is no, then maybe they should be reconsidered. 

      Stick to the plan

      This year will require a certain level of flexibility and last-minute changes as lockdown restrictions are not clear, but where possible, it is important that, whatever arrangements you come to, you both stick to the plan. 
      Last-minute changes can cause feelings of disruption and uncertainty for children. And, whilst flexibility is an essential part of positive child arrangements, it is important to maintain consistency and provide stability.

      Get advice early, if needed

      Christmas is chaotic and organising a co-parenting schedule on top of everything else is never going to be easy, especially if communication between you and your ex-partner is difficult. 
      If you are struggling this year, take advice from a family lawyer who can try to assist in negotiating an agreement. 
      If you cannot reach an agreement, mediation can help as the presence of a 3rd party often eases tensions and result in finding common ground. 
      Mediation is still taking place via video conferencing, and many of our clients have reported that it is easier than being in the same room as their former partner.
      Court proceedings are possible but should be used as a last resort, and, due to the current strain on courts from the pandemic, it is highly unlikely that you have any prospect of a contested hearing before Christmas. 

      Hopefully, these tips, combined with some careful planning, compromise and putting the children first,  will help you and your ex-partner move forward towards a harmonious Christmas.
      Get in touch 
      If you would like any advice on child arrangements during Christmas and COVID, or other family law issues, please do contact our Client Care Team to speak to one of our specialist divorce lawyers here. 
      This article was first published in 2018 and has since been updated.  More

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      in Children

      Separated parents in lockdown

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      Separated parents in lockdown: Yesterday, (10 June 2020) the Prime Minister announced his further plans to ease the country out of the lockdown which included allowing single-parent families (with children under the age of 18) to mix with other family members in what has been described as a ‘bubble’ with effect from one minute past […] More

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      in Advice & Features

      Is My Child Depressed?

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      By Vanita Halliburton | Contributor We’ve all heard the saying, “The grass is always greener on the other side of the fence.”  Even though we know better, we sometimes let ourselves believe that other families are faring better in the child-rearing department than we are. We can convince ourselves that other parents have used this […] More

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      How divorce affects children’s future wealth, not just ability to earn

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      People in Australia who experience the divorce or separation of their parents during childhood accumulate 46% less net wealth, on average, than do people whose parents do not separate when they are children. Wealth is defined as the net difference of all assets and debts. Assets include real estate, business assets, financial assets, savings, life […] More

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      in Family Law

      The dad who gave birth – the judgment

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      30 April 2020 Yesterday, Freddy McConnell lost his latest legal bid to be registered on the birth certificate as the father not the mother as the Court of Appeal dismissed his appeal.  Freddy was appealing against a decision made by a High Court judge that a person who carries and gives birth to a baby […] More