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Though he’s not a judge, Fogelman’s decision is binding on the parents.

It doesn’t seem normal that the government is not helping my child get vaccinated

The arbitration has come to light amid growing concern about the impact of parents declining to vaccinate their offspring, with outbreaks of previously rare childhood illnesses occurring regularly, especially in the U.S. and Europe.

Presti says he plans to challenge the ruling in court and has started a Gofundme campaign to underwrite his legal costs, arguing “the system is broken.”

“I really feel a sense of injustice,” said Presti, who runs a Toronto event-planning agency. “It doesn’t seem normal that the government is not helping my child get vaccinated.”

The children’s mother, who asked not to be named, did not comment on the immunization dispute, but said in an email the couple had agreed to keep the arbitration confidential.

“Mr. Presti has breached our agreement by contacting you about our case,” she said. “Unfortunately this will now mean legal action.”

The couple was granted joint custody of their two sons — now aged 12 and eight — in a 2015 divorce settlement that included a process for resolving disputes.

Among a handful of issues dealt with in Fogelman’s ruling, Presti demanded the children be vaccinated, something he says he always favoured but did not pursue while still married.

Unlike him, his wife had a lawyer at the hearing and called two witnesses.

One was Shiv Chopra, a late Health Canada scientist best known for his high-profile whistle-blowing dispute with the federal government. He later became involved in the anti-vaccination world.