An unvaccinated father from New Brunswick lost custody over his three kids, including his ten-year-old immunocompromised daughter, after he repeatedly refused COVID-19 vaccination, CBC reported.
Justice Nathalie Godbout of the Court of Queen's Bench penned that the father and new partner were "well-positioned to transmit the virus" to the children in the court decision.
According to USA Today, she debunked the research presented by the father that questions the safety and efficacy of the Pfizer-BioNTech vaccine. Godbout referred to the study as "anecdotal" and wrote that it carries little or no weight compared to the medical advice of public health officials.
However, the father can have generous Zoom interaction with the kids. Once he gets himself vaccinated, the judge ruled that he may go back to court to have his status re-evaluated.
The change of custody
The couple separated in 2019 but agreed to share custody of the three kids. Last year, the mother asked the court for a change of custody agreement, asking for complete control of the three kids.
At the onset of the pandemic, Godbout wrote that the refusal of the father and his new spouse to be vaccinated posed serious risks to the children, especially the middle child who has non-cancerous tumors in her blood vessels, DailyMail reported.
The father also refused to consent for the children's vaccination after the kids became eligible for it last November. The judge also ruled that the mother could get the kid's vaccination done without the father's consent.
Kids got their first dose of the vaccine
Godbout issued her decision on Monday. The mother's lawyer, Grant Ogilvie, said that the three children have already received their first vaccine doses.
Ogilvie said that the mother was ecstatic about this new development. He further clarified that the mother does not want to take the children away from their father, but she is doing the best for her children. Ogilvie also said that the mother knows this decision may impact her kids, but she did what was best for them.
Recently, Ogilvie said he won a similar order in another case, but Godbout's decision is the first written ruling of its kind in the province. He added that the case would serve as a precedent for other similar cases.
Ruling a welcome development
Godbout's decision offers hope to parents in similar situations. Shelbi McLellan shares custody of their daughter, Penobsquis, with her ex-husband. She is immunocompromised as she has Crohn's disease and Colitis, but her ex-husband refuses to get the vaccination. She sought the province's help, but the provincial office told her to ask for a change in custody arrangement in court, which she admitted she did not have enough resources to do so.
Family lawyers like Sheila Cameron welcomed the recent decision of Godbout as COVID-19 lawyers reported that COVID-19 had opened a lot of issues involving child custody.
Cameron said they had encountered many issues that they had never seen in her 29 years of practice, and the judge's ruling on the matter guides them.
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