With all the information currently out there, I have a feeling that time will be against you. The reason being: H1N1 will only be around for a limited amount of time and there is no way of determining if and when you will get this issue into court, and even if you do, that doesn't mean they will rule on it.
If you don't mind my asking, what is your reason for not having your child vaccinated? Children are in the high risk group simply for the fact that they haven't the immunities built up to fight it off. And if a child has any medical issues, all the more reason to have them vaccinated. Two dentists that I work with literally had to go searching for available vaccine for their kids, driving into other communities/counties to find it....two children of one of the dentists have some serious health issues, hence her anxiety in trying to find it. I don't know what the cut-off age is, but the vaccine is administered in a series of two IM shots (as compared to the nasal spray for adults) in young children.