I was surprised to learn that Michigan has one of the highest vaccine-waiver rates for kindergartners in the country. The CDC reports that Michigan has three times the national average in vaccine waivers.
The controversy over childhood vaccination has gone on for decades, but it has largely been a quiet one. The recent measles outbreak linked to Disneyland has changed that, and the dispute is now raging in the press, in doctor’s waiting rooms, on the Internet and – predictably, in family courts when two parents cannot agree on whether their children should be immunized.
When parents share joint legal custody of their children (and this has long been normative in Michigan divorce cases), it is presumed that the parents can communicate effectively and come to a meeting of the minds on major decisions affecting the health and welfare of their children. But, what happens when the parents cannot agree, when their opinions are in direct opposition? In Michigan, the job of resolving disputes joint legal custodians cannot solve on their own falls to our family court judges.
The Michigan Court of Appeals recently issued a decision concerning just such a stand-off between parents over the issue of vaccination. In the unpublished decision of Lenore Kagen v Richard Kagen, which originated in Oakland County Family Court, it appears that the appellate court is sending a clear message to the family court judges: the decision must be based on sound, scientific evidence and not simply the sensibilities of the parents.
Most family law attorneys favor compulsory vaccination for children. The argument goes that even if parents want to maintain discretion to make this important decision, failure to vaccinate is creating a health risk to others, and therefore, our courts (and Legislature) have the right to mandate vaccination. I cannot deny the reasonableness of this position. However, I must admit that it makes me squeamish. When it comes to something so personal as government dictating invasive medical treatment for our children, I start to fret over loss of personal liberty and the threat of the “slippery slope.” What comes next? Government dictating what we feed our children? I can think of more than one mainstream religion that could be adversely impacted!
But, perhaps that’s because my child (now a healthy 35 year old), almost died from the pertussis vaccination as an infant. I still shudder when I remember his reaction and the fever that threatened his life. I hope that our courts and law makers will remember that sometimes there really is a valid reason to avoid vaccination.