"My divorcee is a biologist by training and occupation, and he is openly opposed to vaccinations," says Michal, a mother of 8-year-old twins. "I insist that the children be vaccinated, and he is simply not ready to hear about it. The HMO has made it clear that without his consent I will not be able to vaccinate the twins."
Michal is not alone.
The increase in the number of proceedings initiated recently due to the lack of consent of divorced parents to Corona vaccines speaks for itself.
The first thing every parent should remember is that according to the law, decisions in matters of children must be made with the consent of both parents, whether they are married or divorced parents, and in case of lack of consent you can appeal to the court or rabbinical court.
The difference is that the computerized systems of the medical authorities (and other relevant bodies) know how to warn that they are divorced parents, and then the explicit consent of both parents is required.
The legal requirement that medical dispute resolution be based on medical opinion has recently been interpreted by family courts as relating to surgical procedures or complex medical procedures, but when it comes to Corona vaccines, the Ministry of Health's sweeping recommendation speaks for itself.
Beyond the medical-professional issue, when it comes to younger children's vaccines, the courts tend to determine that the vaccine is an important and necessary procedure and that there is no harm to the lifestyle, certainly in view of the chances of benefit (whether due to illness or removal of the need ).
When it comes to children who can express an objective opinion (in relation to their age) it is even possible that the court will ask to bring them before it.
The court ruled that the HMO must vaccinate the children.
Those photographed have nothing to do with the news, Photo: Yossi Zellinger
In a recent ruling by Judge Yifat Shakedi Schatz of the Family Court in Hadera, in a father's request to compel the mother to give consent to the children's vaccination, each party attached extensive professional information that supports his position. The scope of the information was so great that almost 50% of the judgment deals with the analysis of medical claims, but the bottom line was much simpler, and it is similar to all the many judgments that have already been given on the subject and mentioned in the judgment: Stated that the HMO must vaccinate the children even without the consent of the mother.
As is well known, disputes between divorced parents in Israel are sometimes heard before the rabbinical court, and it turns out that the rulings of the courts are not different either. In a ruling given a few days ago, the father of the Tel Aviv Regional Rabbinical Court, Rabbi Zvi Ben Yaakov, analyzes the professional recommendations in favor of and against the vaccine, and arrives at the same conclusion of the court: order to vaccinate children even without the consent of the other parent. Reading the judgment shows that the considerations are exactly the same as the considerations of the Family Court.
The ruling of the Rabbinical Court addressed for the first time directly and openly the opponents of the vaccines and made a separation between the ideological opponents and the professional opponents.
"I also treat opponents of vaccines with great respect, if they come from the medical system and a scientific place, such as the Public Emergency Council for the Corona Crisis. "It's good to hold on to amazement, and find a ravine to define it. However, those who come from a scientific or medical place should be treated with due respect," writes Rabbi Ben Yaakov.
The authors are founding partners in the Hoffman & Friedenberg firm, which specializes in family and inheritance matters
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