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A B.C. woman has been granted a court order allowing her to vaccinate her immunocompromised daughter against COVID-19 contrary to the father's wishes.

B.C. Supreme Court Justice Catherine Murray said there was "no question" that getting the COVID-19 vaccination was in the best interest of the couple's seven-year-old daughter pointing out that the child suffers from Type 1 Diabetes and Celiac Disease.

According to a Feb. 3, B.C. Supreme Court decision, the mother submitted evidence from the Canadian Pediatric Society showing that 39 per cent of children hospitalized due to COVID-19 had at least one comorbidity, such as Type 1 Diabetes.

The father, however, presented no medical evidence to back up his claims just saying that as the vaccine had only just been approved for children there were too many unknowns and they should "wait and see."

The father argued that his daughter is not at a "significant risk" of getting COVID at school and relies on the fact that the B.C. government has not introduced a vaccine mandate in schools.

READ MORE: B.C. judge orders mom to get daughter vaccinated against father's wishes

The Justice didn't buy it.

"I pause to note that while he claims not to be against vaccines in general, (the father) has fought against (the mother) having (their daughter) vaccinated for anything, including the flu, again, despite the recommendations of her doctors, since the parties separated," Justice Murray said.

The decision says the Vancouver Island couple, known only by their initials in the court documents, were together for three years and following their separation came to an agreement where neither party can make medical decisions for their daughter without the other's consent.

After the father refused to get the daughter vaccinated they ended up in court.

The case is one of several where parents have ended up in court in an effort to get their child vaccinated.

The mother is supported by letters from the child's endocrinologist and other medical professionals who "strongly advice" the child to be vaccinated.

READ MORE: B.C. judge bars anti-vax Kelowna dad from discussing COVID vaccine with son

The father sticks with his "wait and see" approach.

"There is no question that getting the COVID-19 vaccine is in (the daughter's) best interests. The medical evidence is overwhelming and consistent that as a Type 1 diabetic, (the daughter) is vulnerable to serious consequences if she contracts the virus. The medical evidence is equally overwhelming and consistent that the vaccine is safe for children," the Justice said. "Given that evidence, 'wait and see' is not a reasonable or safe option. Neither is it in (the daughter's) best interests."

The Justice then authorizes the mother to have her vaccinated.

However, that will not be the end of the couple's legal battle.

The mother has filed an application that she be given sole decision-making authority for all medical and health decisions relating to COVID-19. That court case will be heard sometime in the future.

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