In two separate actions, fathers with parental responsibility sought orders requiring the mothers of their children to ensure they received the MMR vaccine. Each mother objected, having suspicions as to the safety of the treatment. Specific issue orders were sought.
Held: The court found the evidence given by the expert for the mother’s unconvincing. There was no evidence of a medical reason for the children not to be immunised. Though part 35 of the Civil Procedure Rules did not apply directly in family proceedings, experts should follow the principles laid down. The interests of the child were paramount, and the decision made according to their best interests. immunisation is in these children’s best interests. Article 8 of the European Convention on Human Rights giving respect to private and family life is considered. There is an exception permitting the interference by the court for the protection of health.
Judges:
The Honourable Mr Justice Sumner
Citations:
[2003] EWHC 1376 (Fam)
Links:
Statutes:
Children Act 1989 1 8, Civil Procedure Rules P35
Jurisdiction:
England and Wales
Citing:
Cited – Re R (A Minor) (Expert’s Evidence) FD 1991
The court gave guidance on the principles to be followed by experts providing evidence in children cases. . .
Cited – In Re AB (A Minor) (Medical Issues: Expert Evidence) FD 17-Aug-1994
An expert witness in child abuse cases was to explain all aspects of any controversial theory. . .
Cited – S v McC; W v W HL 1972
The distinction between the court’s ‘custodial’ and ‘protective’ jurisdictions was recognised. The case concerned the ordering of blood tests with a view to determining the paternity of a child involved in divorce proceedings. This was not a matter . .
Cited – In Re T (A Minor) (Wardship: Medical Treatment) CA 24-Oct-1996
A baby boy who was 18 months old, suffered from a life-threatening liver defect. His parents were health-care professionals experienced in the care of sick children. The unanimous medical view was that as soon as donor liver became available the . .
Cited – In Re C (A Child) (HIV Test) FD 14-Sep-1999
The parents of a baby born to a HIV positive mother were strongly opposed to the testing of the child for HIV and to any form of medical intervention.
Held: There is a presumption that the united view of the parents of a child as to the . .
Cited – Re: L (Contact: Genuine Fear) FD 2002
The Court had to consider a mother’s total opposition to any contact between a child and his father. It was compelled to reach a decision with reluctance that the mother’s phobic disorder, not based on rational thinking, nevertheless was of such . .
Lists of cited by and citing cases may be incomplete.
Children, Health, Civil Procedure Rules
Updated: 04 July 2022; Ref: scu.185473
