For many parents, vaccination is a sensitive issue. Whether children should be vaccinated will usually be decided together, but what if the parents live separately and simply cannot agree?
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The Frankfurt Higher Regional Court decided in such a case. A mother wanted her child to have the regular vaccinations. The father was against it, however. He feared that the child could be vaccinated. He was also of the opinion that the child was not even eligible for vaccination because it had autistic traits.
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The Frankfurt District Court had already decided in favor of the mother. The Frankfurt Higher Regional Court has now once again confirmed this decision. The background, however, is not a decision in the mother’s sense. For the judges, the child’s well-being was decisive, explains MDR JUMP legal expert Thomas Kinschewski:
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If the mother had said: ‘I will not vaccinate the child’ and the father had insisted on the vaccination, then the father would have been right in this case.
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The decisive factor in the specific case was the recommendation of the standing vaccination commission, which states that children should receive basic vaccinations.
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If the child doesn’t get the vaccination, the risk of dying from one of these diseases is much greater than the risk of vaccine damage.
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The judges also rejected the father’s argument that the child was not eligible for vaccination because of his autistic traits. Children have to go Recommendation of the standing vaccination commission namely to be examined for their suitability for vaccination anyway. Only then can they be vaccinated.
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Common jurisprudence
The Frankfurt Higher Regional Court has thus confirmed the current case law. The same applies to many other cases, explains Thomas Kinschewski.
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If parents who share custody do not agree on which school their child should attend, whether they should be allowed to attend church or whether they should get braces, the parents must go to the district court. This is then always decided in the interests of the child, regardless of the parent.
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The Frankfurt Higher Regional Court did nothing other than what is in the law.
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Our expert
Important judgments that can affect our lives are made almost every day in the courtroom. Every week, attorney Thomas Kinschewski presents the most interesting things in short form at MDR JUMP on the weekend.
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