It's not in the child's best interest for the father to see him, the judge said.
Judge Sébastien Vaillancourt of the Quebec Superior Court has suspended a father's visitation rights due to the man being unvaccinated against COVID-19.
It's no secret that the Québec government has imposed a handful of restrictions on unvaccinated populations, including Premier Legault's most recent plans to significantly tax the unvaccinated. But it seems as if the personal decision to get vaccinated or not is creating major issues for one Montreal father.
Judge Vaillancourt temporarily barred the man from visiting his 12-year-old son in a December 23 ruling after he attempted to change his custody arrangement for part of the holiday season.
The father had petitioned for a review of his access rights, requesting to see his son between December 30, 2021, and January 9, 2022. The boy's mother contested the request after learning that the man was not vaccinated against COVID-19, according to a court document.
Considering the rampant spread of the Omicron variant, Vaillancourt wrote that while it would normally be in the best interest of the child to see his father, he believed the current epidemiological situation mandated otherwise.
The child, who is currently vaccinated with both doses, also lives with his 7-month-old and 4-year-old half-siblings.
The judge said he also weighed the risk of infection spreading to the younger children, who are not eligible for vaccination, in his decision to suspend visitation rights until at least February 8, 2022.
When the father was questioned regarding his decision to remain unvaccinated, he made clear he had "reservations," but did not explain what they were, Vaillancourt wrote in the decision.
The court further pointed to several of the father's Facebook posts indicating doubts about government health rules, suggesting, Vaillancourt said, that he is a "conspiracy theorist" and undermining his claims that he follows public health measures.
The suspension can be re-evaluated depending on the evolution of the COVID-19 situation, and whether the man abides by health regulations and chooses to get vaccinated. The father is currently set for another hearing on February 8.
Health Canada has a robust website with all the latest information on COVID-19 vaccines and can answer any questions you may have.
This article's cover image was used for illustrative purposes only.
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