An unvaccinated parent unable to spend time with his children
A Canadian Court recently ordered that because a Father, whom shared care of the children with their Mother, refused to be vaccinated against COVID-19, he should not spend time with his three children.
Justice Godbout (Court of Queen’s Bench – New Brunswick, Canada) wrote in her decision that she was ruling “with a heavy heart” but she considered it necessary because of the health risk to the three children, including one who was immune compromised. In support of his case, the Father provided his own research including a significant part from the internet.
Whilst this is a Canadian decision, and not binding in Australia, a couple of the lessons that can be taken from this case are:-
A Court must always consider the best interests of children and will do so where children will be at risk of COVID-19.
Do not rely on the internet as evidence for your medical information if you have to go to Court.
To put medical/scientific evidence before a Court requires an appropriately qualified expert.
If the other parent of your child is reluctant to have the COVID vaccine for themself or your child, then steps need to be taken to engage an appropriately qualified professional to assist both parent’s to make a decision. You can read more about this in our recent blog here
Similarly if you have concerns about your children receiving the Covid vaccination then you also need to engage with an appropriately qualified professional to assist and advise.
If you have any questions, please do not hesitate to contact one of our specialist family lawyers who will be available to speak with you for up to 30 minutes without charge.
Author: David Edney, Accredited Specialist in Family Law & Independent Children’s Lawyer