Lamos & Radin (No 2)

In Lamos & Radin (No 2), the Federal Circuit and Family Court of Australia (Division 2) was tasked with determining whether the father should be granted permission to have his two children vaccinated against COVID-19, a matter which had become contentious between the parents. The eldest child, aged 16, lived with the mother, who opposed the vaccinations, while the youngest, aged 11, lived with the father, who supported them. The court was required to decide whether it should compel the mother to vaccinate the older child and whether the father should be authorised to vaccinate the younger child without the mother's consent.

The court found that while both parents held genuine and strongly held views on the issue of vaccination, the evidence presented by the father and the independent children's lawyer was more credible and persuasive. The court accepted that the risks of the vaccine were significantly outweighed by the benefits, and it was in the children's best interests to be vaccinated. However, in the case of the older child, the court found that it would be impractical to compel the mother to vaccinate him against his and her will, and so it made an order authorising the father to arrange for the vaccination without the mother's consent, provided the child consented. The court dismissed the application in relation to the younger child, as the father already had sole parental responsibility for major long-term decisions, including vaccinations.

The court's decision was based on a careful consideration of the evidence presented by both parties, including information from reputable Australian government organisations about the safety and efficacy of the COVID-19 vaccines, as well as the views of the children's parents and the independent children's lawyer. The court found that the father's application was well-reasoned and supported by credible evidence, and that it was in the best interests of the children to be vaccinated. However, it also recognised the importance of respecting the views and autonomy of the older child, and so made an order that balanced his interests with those of his parents and the wider community.