Reno judge mandates COVID-19 vaccine for child in family court – Reno Gazette Journal

A Reno judge has ruled that the son of a former Washoe County School District trustee and his ex-wife, who is running for a seat on the school board, be vaccinated for COVID-19. 

It’s one of many similar cases involving COVID-19 protocols being hashed out in family court, say local attorneys and District Court Administrator Alicia Lerud.

But this case, between former trustee Scott Kelley and his ex-wife, Brooke Westlake,  may reach the Nevada Supreme Court. 

Kelley, who resigned from the board in August 2020 after details of the divorce became public, and Westlake disagree about the COVID-19 vaccine for their 12-year-old child.  

Kelley was in court in April requesting the couple’s oldest child be vaccinated for COVID-19. Their 3-year-old son is not eligible for the vaccine. 

The judgment filed by Washoe Family Court Judge Frances Doherty on May 3 ruled that both parents should cooperate fully to have the oldest child vaccinated. The RGJ has reached out to Doherty for comment. 

“Father shall have sole legal custody to act singularly to obtain the COVID vaccine for (the child),” the order said. Kelley and Westlake have joint legal custody since their divorce in June 2021.   

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Westlake is against vaccinating her children for COVID-19. An appeal was filed by her attorney, Marilyn York, on Wednesday. 

York said she has spent the last year in court with parents arguing over COVID-19 issues, including disagreeing on vaccinations for children.   

Westlake said courts and the government shouldn’t be making health care decisions for her children. She plans to fundraise to fight the ruling. 

“I want to fight for this for other parents. They have rights,” she said. “We live in America for a reason.”  

Westlake is running for District F, an at-large seat that covers the eastern side of the county and includes Damonte Ranch, Wooster, Reed and Spanish Springs high schools. The seat is currently held by Adam Mayberry, who is running to retain the seat.

Kelley has not returned a request for comment. 

COVID-19 issues common in family court

Lerud said COVID-19 issues are being decided in family court, but there wasn’t a way to track how often it is happening. 

Other judges have ruled similarly to Doherty. 

Reno family attorney Jessica Anderson said the decision whether to vaccinate children, not just for COVID-19, is sometimes made by a judge in family court.

“It is definitely something people are inquiring about,” Anderson said when asked about this case. She is not representing Kelley or Westlake. 

She said she has tried to avoid litigating vaccine decisions in court by advising her clients that judges are ruling in favor of what pediatricians recommend. 

“Maybe in a rare case, a pediatrician would recommend not vaccinating a child if there was an underlying medical condition,” she said.  

Anderson said COVID-19 has been a family court issue over the last two years. Early in the pandemic, Anderson said a judge ruled in favor of temporarily limiting custody of a parent who posted pictures online from a trip to New York and was not social distancing or wearing a mask. 

In Kelley’s recent filing, he also asked for passports for both children and plans to take the oldest child to Mexico. Mexico does not currently require visitors to be vaccinated, although it is recommended by medical experts. 

Westlake argued that both children are in good health and don’t need the vaccine. In arguing against the COVID-19 vaccine, she said that neither child received the flu vaccine, as also recommended by their pediatrician.

“A court is ordering something that we know so little about,” Westlake said. 

Court documents say that Westlake testified that she is worried about long-term effects of the vaccine, and that she is concerned the vaccine may negatively affect the child’s behavior and future fertility. 

Kelley and Westlake’s divorce battle became public while he was on the school board. Court documents accused Kelley of using fake social media accounts, installing GPS tracking device on his wife’s car and having sex with a stripper. He resigned and months later was unsuccessful when trying to regain his seat.   

Siobhan McAndrew tells stories about the people of Northern Nevada and covers education in Washoe County. Read her journalism right here. Consider supporting her work by subscribing to the Reno Gazette Journal.