570 News: Vaccine Passports - Featuring Alyssa Bach, Shulman & Partners

As vaccine passports expanded access to indoor activities, many co-parenting families faced a new pressure point: what happens when parents disagree about vaccinating a child. In an interview with 570 News, Alyssa Bach, Associate Lawyer at Shulman & Partners LLP, discussed how vaccine status can affect everyday parenting time, especially as colder weather shifts routines indoors. She explained why this topic can become a minefield for separated parents, since the disagreement often feels all-or-nothing rather than something that can be compromised on. Alyssa also outlined how Ontario family courts approach COVID-related disputes, including the role of government and public health guidance, and how a child’s age and ability to give informed consent can add another layer of complexity.

“If you have one parent who is pro-vaccine, another parent who is not on board with the vaccine, now you have this disagreement that is really polarizing because there’s not a middle ground.”
— Alyssa Bach, Associate Lawyer at Shulman & Partners LLP

In the interview, Alyssa spoke about how vaccine passports increased the urgency of vaccination disagreements in separated families. She explained that as restrictions were introduced and more activities moved indoors, proof of vaccination began to determine what parents could do with their children during parenting time. This shift led to more questions from co-parents about what happens when a child is not vaccinated and parents are divided.

Alyssa described vaccination disputes as a high-conflict issue because they do not lend themselves to easy compromise. Unlike scheduling or parenting time arrangements, parents cannot split a decision in half. When one parent strongly supports vaccination and the other does not, the conflict tends to become more entrenched, and the usual negotiation tools can feel limited.

She explained that when separated parents cannot agree, they either make decisions together or the issue may end up in family court. Alyssa noted that in COVID-related disputes, courts are not trying to decide scientific debates. Instead, they look to government recommendations and public health direction, and court outcomes generally align with those directives. She said that if public health guidance supports vaccination, courts are likely to view vaccination as being in a child’s best interests unless there is a clear reason why the child cannot be vaccinated.

Alyssa also discussed what has and has not happened in the courts so far. She noted that in Ontario, there had not yet been case law specifically ordering vaccination for children at the time of the conversation. She referenced that cases had come up in the United States, where courts considered factors such as safety concerns and whether vaccination would benefit the child.

Another key point was the role of a child’s own consent. Alyssa explained that in Ontario, the Health Care Consent Act allows treatment where a person can provide informed consent. For children aged 12 and up, this can introduce an added layer of complexity, because a mature child who is informed may be able to consent even if a parent disagrees. She emphasized that maturity and the ability to understand the decision vary widely, and that is why the issue can look different for a 12-year-old than for a 17-year-old.

Finally, Alyssa explained how being fully vaccinated can reduce friction in day-to-day co-parenting. If a parent and eligible child are vaccinated, or the child is under 12 and exempt from vaccine passport requirements, it can open up access to indoor activities such as sporting events, concerts, and other outings. In practical terms, vaccination status can shape not just health decisions, but the rhythm of parenting time and the range of options available to families.

Listen to the full 570 News segment here. 

This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media  archive.