I am being charged with contempt for making "major medical descions for child without knowledge or consent " this is in regards to a routine healthcare visit in which he knew of month in advance. Our child who is 12 months old received second round of a immunizations(father was present for the 1st round) and one first vaccine due at the time of visit(due to age) because i did not discuss which vaccines he would recieve that visit he filed contempt. (He knew he was getting shots but neither aware of which ones) i simply went with what was recommended by his pediatrician.
He had knowledge of appt, child saw same pediatrician he has seen since birth and other than the 1st time vaccination he needed at his age, all the others were the 2nd series of the ones he previously consented to. Did i do anything wrong? I do not feel this was a major medical descion nor violated joint custody. No where in the order does it state anything other than notifying parent of any illness or injury that requires medical attention.
From the description you provided it appears that you have Joint Custody (Decision Making) with the other parent. In doing so, major decisions must be made together, otherwise you face potential contempt for violating the same.
Major decisions include choosing a doctor for the child. A Major decision can also include as a subset of choosing a doctor what shots a child should get, however, there is a fine line between a child needing a vaccination for health reasons and another parent saying no (anti-vaccinations).
From what i have read, it sounds like the other parent has already consented to the specific doctor for the child and had knowledge of the vaccination process. He was present for the 1st vaccinations and thus, was present when scheduling of the 2nd round occurred.
If the parent is filing contempt because he could either a) not appear at the 2nd round, or b) did not consent to the vaccinations that occurred at the 2nd round, then i would think he has no merit unless there are other fact(s) that are missing.
Without having the ability to review the existing orders and to review the other parents filed Contempt Motion I am unable to provide a more detailed answer. I think it would be best that you consult with an experienced family law attorney to assist you further.
The response may depend on the wording of your custody order. Major decisions can be specified in that order. I suppose the next question is whether the father actually objects to the vaccinations, or just to the fact that he was allegedly not informed in advance. I suggest consultation with a child custody lawyer.
This submission is not, nor is it intended as, legal advice. You should consult a lawyer to address your legal issue.
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