Canadian Judge Blocks Unvaccinated Dad From Visiting Children, Dismisses Personal Research on Vaccine

Canadian Judge Blocks Unvaccinated Dad From Visiting Children, Dismisses Personal Research on Vaccine
A nurse prepares the Pfizer-BioNTech COVID-19 vaccine in a file image. (Jeff Kowalsky/AFP via Getty Images)
Bill Pan
2/6/2022
Updated:
2/6/2022

A divorced man from New Brunswick, Canada, has been blocked by a judge from visiting his three children in person after refusing to get a COVID-19 vaccine, according to a report.

The parents, who were not identified in the court ruling, had shared custody of their children, including an immunocompromised 10-year-old daughter, since their divorce in 2019. The mother requested last year to have the custody agreement altered, citing concerns over the father and his new partner’s resistance to receiving a vaccination for COVID-19, CBC News reported.

Justice Nathalie Godbout ruled in favor of the mother to suspend the father’s rights to in-person visitation, saying that the decision was made with a “heavy heart” but that it was for the best interests of the children, especially the daughter who is receiving specialized care for non-cancerous tumors in her blood vessels.

“As the parents who are caring for [the child] 50 percent of the time, in close quarters, unmasked and unvaccinated, they are well-positioned to transmit the virus to [the child] should they contract it, this despite their best efforts,” Godbout’s ruling read.

The judge also dismissed the research the father said he had done on the Pfizer-BioNTech vaccine on his own. The Canadian government has approved seven COVID-19 vaccines, including ones from Pfizer, Moderna, AstraZeneca, and Janssen (Johnson & Johnson).

“His own anecdotal research on such a highly specialized topic carries little to no weight in the overall analysis when measured against the sound medical advice of our public health officials,” Godbout wrote.

While being denied in-person contact with his children, the father is allowed to have video chats with them via Zoom. The judge ruled that he can return to court to ask back his in-person visitation rights once he gets vaccinated.

The ruling comes weeks after a judge in Montreal issued a temporary safeguard order on an unvaccinated father, blocking him from visiting his 12-year-old son who has already received COVID-19 vaccine shots.

“It would normally be in the child’s best interest to have contact with his father, but it is not in his best interest to have contact with him if he is not vaccinated and is opposed to health measures in the current epidemiological context,” Justice Sébastien Vaillancourt wrote in the Dec. 23, 2021 ruling. The order remains in effect until Feb. 8.

The judge also described the father as a “conspiracy theorist” based on his social media posts, saying that gave the court “strong reasons to doubt that he respects health measures as he claims to do in his written statement,” reported CTV News.