The applicant father brought a motion to vaccinate the parties' twelve-year-old daughter, who has high-functioning autism, against the respondent mother's opposition.
The mother argued against urgency and sought to enforce a mediation clause in their separation agreement.
The court found the matter urgent due to the pandemic and systemic delays, and exercised its parens patriae jurisdiction to override the mediation clause.
Relying on judicial notice of public health guidance, the court determined that vaccination was in the child's best interests, dismissing the mother's objections based on personal research and natural immunity claims.
The father's motion was granted, and the mother was ordered to pay costs.
