Makinen & Taube

This matter concerned an application by the father, Mr Makinen, and the mother, Ms Taube, regarding parental responsibility for medical decision-making for their two children, born in 2009 and 2013, specifically concerning vaccinations. The court was asked to determine the extent of each parent's authority in making decisions about the children's immunisation.

The primary legal issue before Judge Taglieri was to establish who held parental responsibility for making decisions regarding the children's vaccinations and to outline the process for implementing those decisions. This involved determining whether one parent should have sole responsibility or if a shared approach was appropriate, and if so, how that shared responsibility would operate in practice.

The court's decision was made by consent of the parties and the Independent Children's Lawyer. The court ordered that the father, Mr Makinen, have sole parental responsibility for all decisions relating to the children's immunisation and vaccination. The father was directed to ensure the children received childhood vaccinations as recommended by their treating general practitioner according to the National Immunisation Program Schedule, and to continue future recommended immunisations. The orders detailed a specific process for obtaining recommendations, providing information to the mother, allowing for her input, and ensuring the father made decisions in consultation with the treating general practitioner. The mother was to cooperate by providing the children's health records and was restrained from providing advice contrary to the general practitioner's recommendations.