Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, November 18, 2021

Canada: The Issue Of Parent's Unvaccinated Status And His Parenting Time Rights

From Law Times:

The issue of a parent's unvaccinated status and his parenting time rights has been resolved in the U.S. Similarly, the Ontario Court of Justice has decided in cases involving the same issue. The ruling is that a father's decision to remain unvaccinated against COVID does not deprive him of parenting time. This decision relies on the analysis of what is in the best interest of the child.

The mother in the case sought an order that the father's parenting time be supervised due to the concern of his unvaccinated status. The father responded by claiming that he had no intention to get vaccinated for this action is contrary to his Rastafarian beliefs. However, the father agreed to take safety precautions during his parenting time, including wearing a mask. He also attested that the paternal grandmother who would be supervising the visit is fully vaccinated and he is comfortable with taking the child to her home. In addressing this matter, court weighed whether it is in the best interest of the child.

The court concluded that despite the unvaccinated status of child's father, it is still in the best interest of the child to have a meaningful relationship with her father. The court continued and noted that if the restrictions of protecting child from the likelihood of infection are violated, the mother may suspended father's in-person parenting time.

Read more here.

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