With measles cases surging and vaccinations lagging, family lawyers anticipate parenting disputes
Whether the dispute concerns a vaccine for COVID or measles or some other medical decision, the court will apply the best interests-of-the-child test. Caspersz says the parent advocating non-vaccination must demonstrate why it would be detrimental to the child and provide substantial medical evidence. The court may also examine the child’s preferences if the child is a mature minor and has the capacity to make medical decisions because they can appreciate the nature, benefits, and negative aspects of receiving the treatment.
In Feb. 2023, the Ontario Court of Appeal released its decision in JN v. CG The case involved a…
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