When joint custodial parents can't agree on the best interests of their child, a court is thrown into the middle, that uncomfortable — but ultimately necessary — position of making an important decision for someone else's child.

Here, the question is whether an 11-year-old child should be vaccinated against the COVID virus when her father, citing a series of factual concerns articulated on published websites, disagrees. 

For the following reasons, the Court determines that the father's objections, while sufficient to raise some substantive concerns, are not sufficient to deter this Court from concluding that the best interests of the child require the issuance of an order that the child be vaccinated as soon as possible.

This matter involves a longstanding dispute between these parents. The couple were divorced eight years ago. The couple have a shared residency in place for their three daughters. 

This Court has twice written opinions on the intra-family disputes, most recently several weeks ago when the Court dismissed the mother's complaint for an [*2]order of protection. J.F. v. D.F., 2021 NY Misc. LEXIS 5473 (Sup.Ct. Monroe Cty 2021). Now, the couple just concluded a several day hearing on an unresolved dispute over child support calculations, the mother's employment history, imputation of income and attorneys fees.

In the midst of these disputes, the couple agreed that their two older daughters ages 19 and17 would be vaccinated against the COVID virus. Recently, however, the Centers for Disease Control and Prevention approved a vaccination protocol for younger children, including 11 year olds.[FN1]

A week ago, the mother brought an order to show cause, asking for an order to require the vaccination of the daughter. The Court signed the order, set a one-week turn around, asked for responding papers — which were timely delivered — and heard the application yesterday. In the mother's affidavit, she alleged that the daughter was eligible for vaccine on November 9, 2021. She emailed the father to allow the vaccination and five days later, he wrote back and refused. The mother averred that she called the child's pediatrician and they advised that the child should be vaccinated. 

Ten days elapsed before the mother filed the order to show cause and the father continued to oppose the vaccination. The mother sought a court order and attorney fees. As part. of her application, the mother alleged that the child's pediatrician favored an immediate vaccination.

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