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Bancroft v Bancroft [2019] NZFC 7530

Published 23 February 2022

Guardianship dispute — vaccination — immunisation — Ministry of Health guidelines — measles epidemic — natural remedies — Care of Children Act 2004, ss 4, 5 & 46R — Stone v Reader [2016] NZFC 6130. The parties could not agree on the matter of immunising their child, with the father in favour of immunisation according to the Ministry of Health (MOH) recommended schedule, and the mother opposing immunisation. The mother accepted that while she had agreed earlier to immunise their child, she had since changed her mind. During the course of proceedings the mother also clarified her earlier statement that her religion did not support vaccinations, stating that she would accept them in some emergency circumstances, but as their child was healthy it was not required. Evidence of the child having recovered from measles through natural remedies and a plant-based diet administered by the mother were refuted by the father, who sought a blood test for the child from the GP which came back negative for measles. Medical evidence was provided by the father which outlined the MOH rationale for immunisations, as well as the most recent national immunisation schedule. The father also gave evidence that he would come into contact with a large number of people through his work environment, and submitted that exposure to disease via himself was possible but would be mitigated by immunisation. Based on the evidence, including guidance provided by MOH, the Judge determined that it was in the welfare and best interests of the child to be immunised, and granted an order for the father to take him to be immunised in accordance with the National Immunisation Schedule. Judgment Date: 12 September 2019. * * * Note: names have been changed to comply with legal requirements. * * *