Uploaded by Epic Researcher

Covid-19 Final

advertisement
1
Covid-19 and the Effects on Family Law, Joint Custody, and Medical Decision Making
Process
Student's Name
Course Name
Instructor's Name
Date
2
Covid-19 is a pandemic that began in Wuhan, China in 2019 and has since spread to
other parts of the world.1 The pandemic spread to different parts of the world, including the
United States of America and other countries in which it was described by significant effects on
the lives of the people. Many complications, including respiratory problems, characterized the
disease, hence the people's need to get ways through which they would ensure their health
conditions were intact. The pandemic was accompanied by different rules that led the people into
adopting them, such as social distancing, as it would ensure the spreading of the disease was
limited. Other methods included isolating the victims and their families and every one the
individuals came across to limit the spread of the pandemic in locations where people may be
captured with indications or proof of having the pandemic in that area.
Quarantining was one of the significant aspects that affected people as they were left to
stay in isolation hence the separation from their loved ones. Keeping in touch with a loved one is
one of the significant ways through which bonds are strengthened, and as a result, the Covid-19
broke many bonds as people were separated from their loved ones, hence the anger that would
crop in. Therefore, it is said to have caused a significant effect on the lives of families as many
families broke and found difficulties in dealing with their children hence the binding effect it had
on family law, joint custody, and the decision-making processes in these people's families.
Family Law
Family law is a branch of law that deals with family ties, such as adoption, marriage,
child custody, and divorce. Attorneys specializing in family law can represent clients in court
and other related negotiations. Also, they can draft critical legal papers like real estate
1
Ian Freckelton. "COVID-19 and Family Law Decision-Making." Journal of law and medicine 27, no. 4 (2020):
846-855.
3
agreements and court petitions. Many other family law practitioners focus on paternity, adoption,
emancipation, and other non-divorce-related issues. However, the concept of family spans a wide
range of life experiences. As a result, family law lawyers assist many people in dealing with
delicate matters that most individuals could not directly associate with family law.2 Accordingly,
in the United States, family law provides statutes that govern persons with domestic connections
to coexist peacefully, and each of them can live the lives they deserve. Furthermore, it examines
the obligations assigned to the two individuals and verifies that these tasks are met under the
statutes that govern a specific act.3 The acts that these persons who share a domestic connection
tend to display are governed by the statutes that have been enacted since they are used as the
foundation on which these actions can be judged and put in for justice.
Terminations of relationships or marriages cases are the most issues currently family law
practitioners handle. As a result, the termination has many different problems, hence the need for
the family law to take over. The family law here ensures none of the parties suffer in the hands of
each of these individuals, thus administering justice in the best way possible. When the parties
are divorced, the family law ensures the children's rights are upheld, especially in their custody
and the decision-making processes, including their medication.4 The medication needs of the
children may need both parents to come up with meaningful decisions to deal with the health of
the children hence the need for the family law, which ensures justice is granted in such
situations. Because certain partners are classified as cruel when there are problems with their
2
Hon Ramona Gonzalez. "Statement from the National Council of Juvenile and Family Court Judges Regarding Safe
Courts and Access to Justice During COVID‐19." Juvenile & Family Court Journal (2020): 89-90.
3
Freckelton. "COVID-19 and Family Law Decision-Making," 846.
4
Ibid.
4
spouses, the family law assures that they are safeguarded from mental and physical violence
when the parties are divorced.
Therefore, it ensures the safety of both parties. The judges do not hesitate to administer
justice in case of any problem presented in these courts. Families experiencing problems tend to
hire an attorney to help them handle their cases, especially where children are involved, as they
must be given the right to live life in the best way possible and with the love of both parents. One
of the most critical issues that the court must address is child custody when it comes to family
law.
Child Custody
The court's choices in establishing which parent is authorized to take care of children and
manage the type of life they live are referred to as child custody. How these court cases are
handled determines the parent to take care of and control the children.5 Therefore, these are
governed by the family laws as they have a good strategy through which they find ways to hand
the cases involving children as they one of the problematic cases which can be left in the hands
of these parents. The parents can lack enough wisdom on how they can deal with the situations,
and as a result, the presentation of the cases in a court of law helps in handling the problem in the
best way possible. Based on the child custody arrangements, any parents have the right to
custody of the children and equal right to guard the children. Therefore, none of the parents
should feel entitled to the children or make it difficult for the other parent to guard and control
them.
In addition, child custody involves choosing the best home in which these children can
reside. Therefore, the court is entitled to ensure they give the best decision regarding this
5
Gonzalez, Juvenile & Family Court Journal, 89.
5
problem as it is identified as a significant problem.6 The court's judgments are made with the
children's best interests in mind; hence, the court makes favorable decisions for the children. The
court must ensure the children are offered the most incredible sense of comfort as the issue
should not be left to affect them mentally.7 Therefore, they are held to live with the parent from
where they reap the best satisfaction from. In addition to the children's interests, the environment
they should live in has been considered, including how the individuals who may end up
surrounding them may impact their lives. In addition, the lives guiding the children with their
siblings are considered such that they are granted the best decision from the court that will ensure
they reside a fulfilled life.
The parent granted the children are identified to have the right to make decisions
regarding the children's healthcare based on the different types of custody which the parent might
be granted. There are different types of custody that these people might be granted, including
temporary custody, in which the child is given temporarily to a given parent during the divorce
process. In addition, there is joint custody in which the parents have to properly perform their
duties regarding the children to ensure they coexist peacefully. The failure of having the two
parties satisfied leads to more suing, such as the exclusive custody in which the presumption
checks on the interests of the children.
In addition, the custody can also be granted to a third party in cases where the third party
seeks to ensure it holds the custody of the child. In addition, a union having multiple children has
the court having the right to divide the children and ensure each of the children in which they
6
7
Ibid., 90.
Deniz Ertan , Wissam El-Hage, Sarah Thierrée, Hervé Javelot, and Coraline Hingray. "COVID-19: urgency for
distancing from domestic violence." European Journal of Psychotraumatology 11, no. 1 (2020): 1800245.
6
have to ensure their custody and safety.8 In cases where the child or the children are given to one
parent, the other one holds the chance to visit the children at their wish. Also, the court checks on
the noncustodial parent's circumstances to ensure they deny or give them the visitation rights.9
The emergence of the Covid-19, which brought a slew of new norms to control people's lives in
society, has had a significant impact on custody rights. Thus, rules significantly impacted
children's custody rights and other factors handled by the family law.
Medical Decision Making Process for the Children
Adults are always granted the right to make their decisions, but the right to make
decisions on medical provisions regarding children is always given to the parents in which they
have to go with the best decision that serves the children well. In the United States, the right to
make decisions towards children's healthcare has both parents have the chance and the right to
make decisions that ensure their children's safety.10 The parents have the right to make any
decision, even in stopping any life-saving treatment, in which they also have the right to involve
the children's interests. The decisions of the medical provisions are affected by the children's
interests in whom the medical practitioners have the right to deny any decision that does not
serve the interests of the child.11 However, at that young age, the parents have to get involved to
make decisions that are of great help to the children.12 Since many medical decisions affect the
8
Ibid.
9
Ibid.
10
Azeem Majeed, Simon Hodes, and Stephen Marks. "Consent for covid-19 vaccination in children." BMJ 374
(2021).
11
Moss J. William, Lawrence O. Gostin, and Jennifer B. Nuzzo. "Pediatric COVID-19 vaccines: what parents,
practitioners, and policy makers need to know." JAMA 326, no. 22 (2021): 2257-2258.
12
Moss et al., JAMA 326, no. 22 (2021), 2257.
7
children's health and the people around them, they must be established on critical values and
ensure the children are subjected to healthcare that will help them live beautiful lives.
How Covid-19 Affected Families
The Covid-19 has been acknowledged as having halted a significant problem in families,
hence guiding family law and custody rules. Families were highly affected by the pandemic.
There were increased cases of domestic violence and divorces, which was a significant way
through which the family laws and the rights of the children could be impacted. The pandemic
was characterized by lockdowns in which these parents had to stay indoors together. As a result,
they were affected by many emotional issues when they did not have to work.13 Having these
people laid down in their workplaces placed them on the verge of experiencing more stressors
that led some to divorces and trouble maintaining the families, thus the separation.14 The
pandemic was one of the historic ways families were affected as they did not have enough
income to sustain themselves and, as a result, the burdens channeled to both parents. The male
parent carrying the highest weight had the families experiencing difficulties in their lives and the
different ways they would handle the problems they would be experiencing in these families,
especially in parenting.
According to reports from New York, marriages were failing within the first twenty days
of the lockdown, with 31% of respondents citing Covid-19 as the primary source of their issues.
In addition, the number of people seeking divorce is said to have doubled as a result of 2019.
Also, the people that were seeking divorce are said to have risen to 34% depicting the difficulties
which the people were experiencing and the difficulties which they would have to deal; within
13
Ibid.
14
Ibid.
8
the family law as the divorces must include the children's lives as well as other things regarding
their custody.15 The psychological stressors of Covid-19 have been the primary cause of the
divorce. The court cases were highly affected by the pandemic. As a result, the people had
difficulties dealing with their problems as many of the court proceedings had been stopped; thus,
parents needed to handle their problems in the most appropriate way outside the court
proceedings.
Therefore, the getting of divorce was high, and as a result, the people faced problems
with the attorneys dealing with their cases. The period was characterized by higher rates of
delays hence the problem with identifying which family law the people in the marital union had
to abide by, especially in cases where children were involved. The outbreak was very sensitive,
and as a result, the children had to be put in custody with the parent that could ensure the safety
of the children.16 This issue could not be addressed successfully in the children's best interests
because they did not grasp the problems they were facing. Because many deaths distinguished
the pandemic among children and the elderly, individuals had to cope with many issues to
guarantee that children's lives were safeguarded. Therefore, the parents had an obligation to
safeguard these people's lives and ensure they were protected as their future was to be
determined by the exposure they would get from the pandemic and how their medical health
provision would be handled.
The pandemic was characterized by the people's lives becoming difficult, including the
children's school life characterized by virtual learning. Virtual learning had the parents carry
15
Amiya Bhatia, Camilla Fabbri, Ilan Cerna-Turoff, Ellen Turner, Michelle Lokot, Ajwang Warria, Sumnima
Tuladhar et al. "Violence against children during the COVID-19 pandemic." Bulletin of the World Health
Organization 99, no. 10 (2021): 730.
16
Bhatia et al., Bulletin of the World Health Organization 99, no. 10 (2021), 730.
9
many stressors that could not enable them to cope with the difficult life which they were
experiencing.17 In addition, there were medical provisions that needed to be administered to
these children and the sensitivity that the medical issues exhibited.18 The parents had to be
involved in different ways and the family laws and custody laws that would guide these people.
Because some of the children were separated from their parents, the decisions had to be
influenced by various variables, with parents having the authority to make decisions about their
children's lives.
Effects of Covid-19 on Family Courts
The Covid-19 is identified to have interfered with the justice system and the way justice
was given to the people with the social distancing and lockdowns and other factors affecting the
process through which these people would be given their rights any family difficulty they could
be experiencing. The Covid-19 is believed to have had a significant impact on Americans' life,
with courts being forced to seal their doors to any emergency cases that arose during the
epidemic. Some people experienced many difficulties in their marriages during the Covid-19
pandemic, and as a result, they would present their emergency cases in courts.19 The family
courts in the United States are entitled to ensure the safety of the children and that of the whole
family. However, the court had to skip this part of their roles provision to leave the people to
deal with the problems they were facing in their families. These people having to divorce without
17
Kate R. Woodworth, Danielle Moulia, Jennifer P. Collins, Stephen C. Hadler, Jefferson M. Jones, Sujan C. Reddy,
Mary Chamberland et al. "The advisory committee on immunization Practices’ interim recommendation for
Use of pfizer-BioNTech COVID-19 vaccine in children aged 5–11 years—United States, November
2021." Morbidity and Mortality Weekly Report 70, no. 45 (2021): 1579.
18
Ibid.
19
Ibid.
10
the court helping in dealing with their proceedings was one of the most challenging things as
there are family laws that must guide these people.20 Without the administration of the laws by
the court attorney, the people could not handle their situations better. The problem was identified
as historical, with the parties having different decisions regarding the provision of medical care
and the custody of the children in cases where the people had to separate without any court
intervention.
Court intervention is the only way the family's rights would have been administered well
since leaving these rights to one person would interfere with the lives of the children. In addition,
having one parent make prudent decisions about the medical provider of the children, especially
the Covid-19 vaccine, was a significant obstacle that these people would find hard to deal with.21
The courts adopted the use of virtual ways in handling the people's problems, but this was not an
appropriate way compared to physical appearances since physical appearances would give the
people chances of having to explain themselves and dealing with any problem that would crop in
after that the operation of divorce and separation.22 Therefore, there were disagreements in
administering justice as the people would not get the justice they deserved with the virtual
decisions being permanent in the parents' lives and those of the children. Therefore, many
problems arose in these people's lives, including the disagreements that would be witnessed
regarding the administering of vaccines to these children.
Covid-19 and Vaccination of Children
20
Woodworth et al., Morbidity and Mortality Weekly Report, 1579
21
Ibid.
22
Kristine M. Ruggiero, John Wong, Casey Fryer Sweeney, Alicia Avola, Andria Auger, Madeline Macaluso, and
Patricia Reidy. "Parents’ intentions to vaccinate their children against COVID-19." Journal of Pediatric
Health Care 35, no. 5 (2021): 509-517.
11
The vaccination of children was a serious issue that the parents of the children had to
cope with, and several arguments amongst these individuals accompanied it. The vaccination
faced many disagreements from the adults in which the adults were against the vaccination. As a
result, the administration of the vaccines to the children would be one of the critical things that
would spark many disagreements between these parents with them having divorce cases and
being mined divorces. The person in custody of the children had to face many problems as they
have to consult with the other parent in making decisions since the family law demands all
people to be involved in making any critical decision about the health conditions of the
children.23 The vaccinations were identified as safety vaccines, and as a result, they sparked
many disagreements between these parents as the administration of the vaccines was a thing that
would affect the lives of the children, with them being characterized by different side effects.
Therefore, in cases where the children would be affected by the vaccine, it would be significant
if the noncustodial parent was not involved in deciding for the child to be vaccinated. Therefore,
the legal joint custody rule had to be applied to ensure both parents were involved in handling
the people's problems.
According to the Covid-19 vaccines reports, children above 12 years were eligible for
being vaccinated, but it imposed so much fear in the parents as there were religious
characteristics that could not allow the people to interfere with. Therefore, there was the need for
these parents to involve each other in ensuring the best decision was made regarding the
children's vaccinations as it was a significant problem that needed to be handled in a way that, in
23
Ruggiero et al., Journal of Pediatric Health Care 35, no. 5 (2021), 509.
12
case of anything, both parents would be held accountable for the joint decision they made.24 In
addition, the parents here had to cooperate with them, agreeing not to involve their children in
the vaccination exercise and having the schools need them to get vaccinated. Therefore, the
problem was a significant controversy and with the parents experiencing a dysfunctional
relationship state.
Therefore, the decision towards the vaccinations was identified as a significant difficulty
that needed meaningful ways of handling to ensure both parents were involved and meaningful
decisions were meant from the agreements these people would conduct.25 Agreeing on such a
matter was difficult, with even parents in peaceful households failing to have amicable
agreement on how they would go about the state of health that the world was facing. Although
the court's systems were close, the administration of the family law was the only way these
people would be helped n deciding what would suit them both depending on the current situation
which the people could be experiencing in their families. The courts here would consider many
factors to ensure they reach the end goal of serving both parents. Some of the factors that these
courts would consider are why the parents could be against, or one would be agreeing with
having their reasons.26 Therefore, the reasons they would give would be used in having the court
decide on the path which the two opinions would be channeled and coming up with the end goal
decision that would have both of them being served to their total capacity. The two parents could
24
Emma Hitchings, and Mavis Maclean. "Unprecedented times: some thoughts on the consequences of the COVID19 pandemic from a family and social welfare law perspective." Journal of Social Welfare and Family
Law 42, no. 3 (2020): 277-280.
25
Hitchings and Mavis, Journal of Social Welfare and Family Law 42, no. 3 (2020), 277
26
Ibid., 278.
13
find difficulties in making the end goal of who could decide to have the child vaccinated, hence
the need for the courts to take over the cases.
Reasons Why Some Parents are opposed to Their Children Receiving the Covid-19 Vaccine
Based on some of the parents, it is scientifically proven that vaccines tend to lead to
inflammation that can be a crucial cause of cancer in children in the future. Cancer from this
inflammation can silently kill the child, and as a result, the parents have disagreements such that
any decision that is undertaken is sure to be successful or it is sure to have everyone accountable
for the outcome in the child.27 In addition, there are other side effects which these children face,
such as being sore from the points where the needles get and as a result, the need to having the
decisions of both to the need of having the court solve the case is a crucial way of ensuring the
disputes are solved.
Additionally, vaccine reluctance has been observed in the United States, with adults
refusing to be vaccinated, and as a result, there has been much fear induced in people. Based on
statistical release, one parent among a group of five would be hesitant about the vaccination. As
a result, it shows why the parents will have to refuse hence the disagreements on the children's
vaccinations.28 In the United States, there were more than 2 million pediatric cases, and as a
result, the children were identified as people who would play a significant part in the disease coinfection, with it being said to be transmitted from one human to another. Parents are cautious
owing to a lack of faith in those authorized to provide prescriptions, which might lead to
arguments over medical judgments, necessitating the intervention of attorneys, whose powers
27
Alex R. Piquero, Wesley G. Jennings, Erin Jemison, Catherine Kaukinen, and Felicia Marie Knaul. "Domestic
violence during the COVID-19 pandemic-Evidence from a systematic review and meta-analysis." Journal
of Criminal Justice 74 (2021): 101806.
28
Piquero et al., Journal of Criminal Justice 74 (2021), 101806.
14
have been reinforced in the face of Covid-19.29 To ensure that these parents agreed on the issue
of vaccine injections for their children, they needed to have access to much information from
various settings and communities so that they could use the information to reflect how they
would make significant decisions about the vaccine administered to their children.
However, there was identified a lack of communication and information in other settings,
and as a result, it formed the basis through which these parents would strongly disagree. It was
difficult for these parents to agree to the administration of the vaccine with it initially lacking
information. Therefore, the significant barrier of communication would be a basis through which
these people would not agree on what to be dome with their children hence the need to have the
court lawyers intervening such that the medical decisions of their children can be placed on the
right bar. Based on research conducted by Ruggiero et al., it analyzed the issue of childhood
vaccination as well as the vaccination in general compared to other cases of pandemics in the
past that needed people to be vaccinated.30
He identified the law enforcers as the people who play a more significant part in such
cases as it is difficult for the parents to come into an amicable agreement on the matter.31 There
was the public health act allowing medical practitioners to enact measures. However, on the
issue of vaccination and children, it needed the intervention of both parents from which they
could not be on the same ground thus the need for the law enforcers to intervene in order to
ensure they can have the parents making a decision which would favor all the parties and which
would not draw controversy in future.32 The law enforcers and the state laws are held to explain
29
Ibid., 101806.
30
Ruggiero et al., Journal of Pediatric Health Care 35, no. 5 (2021), 517.
31
Gonzalez, Juvenile & Family Court Journal, 90.
32
Ruggiero et al., Journal of Pediatric Health Care 35, no. 5 (2021), 517.
15
all the measures to the communities to ensure they understand and use the basis of the
information they get to make decisions on the things the public health act imposes on the
people's lives.
Accessing Justice System during the Covid-19
The justice system is the primary way the parents having difficulties deciding on the
vaccination of their children would be helped. Characterized by court closures, the lawyers'
adaptation with their justice system was being made more robust to ensure they helped the
people who were suffering.33 The courts could not have the cases presented in the courts as they
were in fear of their health hence the need for a second thought. The domestic violence that the
families would exhibit was a significant way these people would be issued a restraining order to
ensure they have protected, hence the disagreements that would arise amidst Covid-19.
Therefore, the children's welfare was harmed due to several flaws, particularly in their
interactions with their parents and in making medical choices, even though these individuals
would have custody rights.
The pandemic has brought a massive halt in administering justice in the juvenile courts
and the children's welfare association. The juvenile courts had to function to ensure a balance
between the verdict they would pass regarding any of the issues that involved the children and
the court.34 The hearing of the cases of divorced parents could be delayed; hence many conflicts
regarding their custody and the medical decision-making process. There was increased cased of
33
Bruce Smyth, Lawrie Moloney, Jackie Brady, Joe Harman, and Marian Esler. "COVID-19 and separated families."
(2020).
34
Smyth et al., COVID-19 and separated families, n.p.
16
drawing a parenting plan with the pandemic not giving them any chance to draw any laws that
would be in relevance to their needs.
The Effects of Covid-19 on Joint Custody
Because of the restrictions imposed by the Public Health Act, the Covid-19 had a
significant impact on joint custody of children, necessitating the necessity for parents to find
solutions to their problems. The Covid-19 has affected the family world, affecting many sects,
including joint custody. Therefore, many disputes affected the children, with the parents having
to undertake divorce and separation. With the courts being closed, there was a great struggle,
especially with the children's custody, as it was difficult to ascertain who would take custody of
the children and the laws that would govern the custodial aspects of the children. The pandemic
came with rules that limited the interactions with the children as well as the number of times
which the noncustodial parent would have on seeing the child, and as a result, there were
outstanding disagreements on these parents would deal with the issue of the child custody.35 The
parenting plans were highly affected with the parents not being able to draw a plan through
which they would be guided into seeing their children and having the right to decide their lives,
especially healthcare.
The parental mediations in the courts had been halted. As a result, these were the most
challenging periods for families to cope with their children and reach a mutually beneficial
agreement. The parents, especially the noncustodial parent, were guided by visitation rights
requiring the custodial parent to grant rights to the noncustodial parent to see the child about the
Covid-19 rules enacted regarding peoples interactions.36 The court proceedings, including
35
Ibid.
36
Ibid.
17
children, require many evaluative investigations, and as a result, the pandemic would not give
any chance for these investigations to be conducted, hence the struggle these parents had to deal
with in their lives.37 Their cases would not be handled roughly, and as a result, they had to cope
with some of the issues characterized by the pandemic.
Child Custody Evaluations (CCEs) require many processes during the evaluations, such
as in-person observations, parent-child observations and visits, and psychological testing to
ensure the child's custody is given to the most appropriate parent. These procedures were
affected by Covid-19 with the justice system not being able to be administered in the best way
and favor of the two parties.38 The virtual justice system was hard to administer, with many
families experiencing difficulties finding it hard to get justice for their children. The hearings
would not provide litigations and assurances the way the physical system would do since the
physical system ensures everything is analyzed and observed before any justice is given.
The pandemic redefined the family law, and it was identified as a significant effect in the
people's lives as the way the justice was administered would not have all parties satisfied
regarding the rules and guidelines on the pandemic, which would bar them from experiencing
many of the freedom which these people should experience with their children. Handling court
cases were shifted to zoom with the concept being identified as Online Dispute Resolution
(ODR).39 In addition, the cases would be handled through emails and telephones, and as a result,
it was a massive disruption to the family law system as the most appropriate way through which
justice would be administered was physical modes, in which examination of the cases would be
37
Jennifer Neil. "Domestic violence and COVID 19." Australian Journal for General Practitioners (2020).
38
Gonzalez, Juvenile & Family Court Journal, 90.
39
Baharuddin, H. "Parenting Styles During the Covid-19 Pandemic: A Conception of Islamic Family Law." AlBayyinah 5, no. 1 (2021): 13-28.
18
done, and the best decision would be drawn.40 Therefore, the families continue to struggle with
the family law and justice system to get the rights they deserve in dealing with their children and
holding their custody.
Conclusion
Covid-19 is identified as an outbreak that broke in 2019, affecting many people across
the globe. Many individuals died, necessitating the need for people to discover strategies to cope
with the challenges that came with the pandemic. It was identified with many lockdowns,
quarantines, and separation from families. Also, many of the people experienced family
problems in which they could not stand the situation which the pandemic threw at them. Some
divorces were characterized by many factors such as low income that would not allow the people
to have a peaceful life with each other with the needs not being met. Based on statistical
presentations, many of the parents had to experience divorces such that the children had to
experience difficulties in administering these divorces. Family laws govern these people's
relationships, and as a result, the family laws have been impacted, with the courts closed, making
it impossible for these people to seek justice for their families.
Family laws in the United States involve laws that guide the parents in their interactions
with children in cases where they are experiencing divorces and other family problems. The
pandemic affected the family laws, with many people experiencing family problems. Child
custody is identified as a situation where the children are given to a particular party such that it
can control and take care of them in cases where the parents have to separate. The decisions
regarding court and child custody have the court making decisions in favor of the children's
interests and those of the parents. The parent whom the child is granted has to be the best
40
Ibid., 14.
19
decision, and they must reap the most satisfaction. In addition, some decisions should be made
regarding the children's health, especially amid the Covid-19 and the vaccinations. The Covid-19
affected the family courts with them being closed; hence the families were straining to get justice
for their children.
The justice administration turned to the virtual model in which it was not so appropriate
with the justice system requiring physical appearances and making different evaluations to
ensure the justice is administered in the best way possible. The justice system was affected in
many different ways. The vaccination of the children was one of the primary medical decisions
that the parents had to undertake. This situation resulted in many arguments, necessitating the
necessity for justice to be dispensed in favor of both parents. There were different reasons why
the parents were against having the children vaccinated. Making medical decisions was a
fundamental problem; hence, the courts had to be involved so that the parents would have their
interests handled equally. The vaccination was discovered to have adverse effects like
inflammation, and as a result, the instances attracted the inevitable arguments amongst the
parents. Access to the justice system was problematic. Still, the parents and the courts had to
intervene in different ways. Some cases were mandated to be handled by lawyers rather than
attorneys and administrative personnel, making life easier for these people.
20
Bibliography
Baharuddin, H. "Parenting Styles During the Covid-19 Pandemic: A Conception of Islamic
Family Law." Al-Bayyinah 5, no. 1 (2021): 13-28.
Bhatia, Amiya, Camilla Fabbri, Ilan Cerna-Turoff, Ellen Turner, Michelle Lokot, Ajwang
Warria, Sumnima Tuladhar et al. "Violence against children during the COVID-19
pandemic." Bulletin of the World Health Organization 99, no. 10 (2021): 730.
Ertan, Deniz, Wissam El-Hage, Sarah Thierrée, Hervé Javelot, and Coraline Hingray. "COVID19: urgency for distancing from domestic violence." European Journal of
Psychotraumatology 11, no. 1 (2020): 1800245.
Freckelton, Ian. "COVID-19 and Family Law Decision-Making." Journal of law and
medicine 27, no. 4 (2020): 846-855.
Gonzalez, Hon Ramona A. "Statement from the National Council of Juvenile and Family Court
Judges Regarding Safe Courts and Access to Justice During COVID‐19." Juvenile &
Family Court Journal (2020): 89-90.
Hitchings, Emma, and Mavis Maclean. "Unprecedented times: some thoughts on the
consequences of the COVID-19 pandemic from a family and social welfare law
perspective." Journal of Social Welfare and Family Law 42, no. 3 (2020): 277-280.
Majeed, Azeem, Simon Hodes, and Stephen Marks. "Consent for covid-19 vaccination in
children." BMJ 374 (2021).
Moss, William J., Lawrence O. Gostin, and Jennifer B. Nuzzo. "Pediatric COVID-19 vaccines:
what parents, practitioners, and policy makers need to know." JAMA 326, no. 22 (2021):
2257-2258.
21
Neil, Jennifer. "Domestic violence and COVID 19." Australian Journal for General
Practitioners (2020).
Piquero, Alex R., Wesley G. Jennings, Erin Jemison, Catherine Kaukinen, and Felicia Marie
Knaul. "Domestic violence during the COVID-19 pandemic-Evidence from a systematic
review and meta-analysis." Journal of Criminal Justice 74 (2021): 101806.
Ruggiero, Kristine M., John Wong, Casey Fryer Sweeney, Alicia Avola, Andria Auger,
Madeline Macaluso, and Patricia Reidy. "Parents’ intentions to vaccinate their children
against COVID-19." Journal of Pediatric Health Care 35, no. 5 (2021): 509-517.
Smyth, Bruce, Lawrie Moloney, Jackie Brady, Joe Harman, and Marian Esler. "COVID-19 and
separated families." (2020).
Woodworth, Kate R., Danielle Moulia, Jennifer P. Collins, Stephen C. Hadler, Jefferson M.
Jones, Sujan C. Reddy, Mary Chamberland et al. "The advisory committee on
immunization Practices’ interim recommendation for Use of pfizer-BioNTech COVID-19
vaccine in children aged 5–11 years—United States, November 2021." Morbidity and
Mortality Weekly Report 70, no. 45 (2021): 1579.
Download