When Parents Disagree About Vaccinations: What to Do and How Courts Decide

Disagreements over childhood vaccinations are becoming more common in family law cases. When one parent wants a child vaccinated and the other does not, the issue can quickly escalate—especially when parents share legal custody and major medical decisions must be made jointly.

If parents cannot reach agreement, the court may need to intervene. Understanding how these disputes are handled can help parents protect their rights and, most importantly, their child’s best interests.

(Disclaimer: No legal advice.)

Legal Custody and Medical Decision-Making

Vaccination decisions typically fall under legal custody, not physical custody. Joint legal custody (shared parental responsibility) - means both parents must agree on major medical decisions.

What to Do Before Going to Court

Courts expect parents to make a good-faith effort to resolve disputes before filing motions.

Steps to take first:

• Communicate respectfully in writing (preferably through a co-parenting app)

• Ask the child’s pediatrician for written recommendations, and discuss allergies/ medical issues/ religious preferences.

• Review school, daycare, or activity vaccination requirements

• Attempt mediation if required by court order or local rules

Document all efforts to reach an agreement. Courts often look favorably on the parent who attempted cooperation.

When Court Intervention Is Necessary

If parents remain at an impasse, either parent may file a motion requesting the court to decide the issue.

• A Motion for Specific Issue Order

• A Motion to Modify Legal Custody (like seeking sole parental responsibility or ultimate decision making on medical issues).

The exact title depends on the jurisdiction and existing custody orders.

What the Court Will Consider

Judges do not decide vaccination disputes based on personal beliefs. Instead, they typically look at the best interests of the child.

Courts commonly consider:

• Recommendations from the child’s pediatrician or medical providers

• Guidance from recognized public health authorities

• The child’s age, health, and medical history (allergy/etc.)

• School or daycare vaccination requirements

• Whether either parent has legitimate medical evidence supporting an exemption

• Religious Preferences

Possible Court Outcomes

Depending on the evidence, a court may:

• Order the child to receive vaccinations according to medical recommendations

• Grant one parent final decision-making authority on medical issues

• Require compliance with school or public health requirements

• Limit a parent’s ability to block routine medical care

• Order continued mediation or involvement of a parenting coordinator

Once a court order is entered, both parents must comply.

Final Thoughts

Vaccination disputes are legally complex and emotionally charged.

If you are facing a disagreement over vaccinations, speaking with a family law attorney can help you assess your options, prepare evidence, and present a clear, child-focused case to the court.