As children across the country return to school, parents will soon be asked to give consent for their children to receive their annual flu vaccination. But what happens when separated parents disagree?
While a disagreement over a flu jab may sound relatively minor, the same question can arise over everything from MMR vaccinations to surgery and other significant medical treatment.
So, if parents cannot agree, who gets the final say? Is it the parent who has their child for most of the week? What if care is split 50:50? And can one parent simply overrule the other?
According to the partners in the family team at law firm Brethertons, the answer is not as straightforward as many parents might assume.
Dominic Wisdom said: “Parents often think that if their child lives with them most of the time, they automatically have the final say on important decisions. That isn't necessarily the case.
“Where both parents have parental responsibility, important decisions about a child’s upbringing and healthcare should generally be made jointly. That can become particularly difficult after separation, when parents may have very different views about what is right for their child.”
For most families, deciding whether their child should have the flu vaccination will be straightforward. But for parents who disagree, the situation can quickly become a source of conflict.
Childhood vaccination rates have fallen in recent years, with diseases once considered largely under control making a comeback. England recorded 970 laboratory-confirmed measles cases between 1 January and 17 August 2026, already exceeding the 960 cases recorded throughout 2025. UKHSA has also warned that vaccination coverage remains below the 95% level recommended to prevent outbreaks.
Against that backdrop, disagreements between separated parents over whether their children should receive routine vaccinations could become increasingly significant.
And this is not a hypothetical legal problem. The courts have previously been asked to intervene when separated parents have disagreed about childhood vaccinations. In Re C (Immunisations), the Court of Appeal considered cases involving fathers who wanted their children vaccinated against the wishes of their mothers.
In another case, Re B (A Child: Immunisation) in 2018, the High Court ordered that a five-year-old child should receive a number of vaccinations, including MMR and influenza vaccinations, despite disagreement between the parents.
Partner Priti Vadgama says these cases demonstrate that where parents cannot reach an agreement, the courts can ultimately be asked to decide what is in the best interests of the child.
Priti said: “Vaccination is a really good example of how a seemingly straightforward parenting decision can become complicated after separation. But the issue goes much further than vaccinations.
“A disagreement might be about whether a child needs an operation or whether they should undergo a particular treatment.
“Those decisions can be incredibly difficult for parents even when they are together. When parents have separated and are no longer able to agree, emotions can understandably run very high.”
So, what should parents do if they disagree?
Katie Vernon adds that parents should try to resolve healthcare disagreements without immediately resorting to the courts.
Katie said: “Firstly, make sure both parents have the same information. Talk to the relevant healthcare professional and make sure you both understand the medical advice, the benefits and risks, and the potential consequences of saying no.
“It is also worth taking a step back and asking whether the disagreement is genuinely about the child’s healthcare, or whether it has become wrapped up in wider difficulties between the parents following their separation.
“If communication is difficult, mediation can sometimes help parents reach an agreement without the need for court proceedings.”
However, parents should not assume that they can simply make an important medical decision without consulting the other parent where both have parental responsibility.
“If an important decision genuinely cannot be agreed, taking early legal advice can be much better than allowing the situation to escalate,” says Dominic.
“A family lawyer can look at the individual circumstances, explain what each parent’s rights and responsibilities are and advise on the options available.
“The key thing for parents is to try to keep the focus on the child rather than on the disagreement between the adults. However strongly parents may feel about the issue, the question that matters most is: what is best for their child?”
Brethertons LLP is an award-winning law firm with more than 200 years of heritage, providing expert legal advice to individuals, families and businesses across the UK. With offices in Banbury, Bicester, Cheltenham and Rugby, and with nationwide reach, the firm is recognised for its exceptional client care, specialist expertise and commitment to delivering a personal, supportive service tailored to every client’s needs.
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