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Farley v Nantakarn [2018] NZFC 6778

Published 07 March 2022

Guardianship dispute — vaccination — immunisation — Care of Children Act 2004, ss 5, 133 & 46R — Stone v Reader [2016] NZFC 6130 — Victor v Emmerson [2015] NZFC 8612. This hearing was to determine a guardianship dispute between the parties in relation to their child. The applicant father objected to the child being vaccinated and the mother supported the child receiving childhood vaccinations. The Judge considered the parties' submissions as well as cases dealing with similar issues. The Judge noted that it would have been preferable for the party to provide the Court with specialist medical evidence regarding vaccinations where that party was contending it was unsafe. The Judge noted that, absent any other professional medical advice, she was entitled to place weight on the Ministry of Health recommendations on vaccination. The Judge concluded it was appropriate for the child to be immunised, to be undertaken by the child's doctor at the earliest opportunity. Judgment Date: 30 August 2018. * * * Note: names have been changed to comply with legal requirements. * * *