https://www.cbc.ca/news/canada/new-...-dad-loses-custody-of-at-risk-child-1.6338484
Unvaccinated New Brunswick dad loses custody of at-risk child
Judge rules danger to immunocompromised child’s health requires virtual visits only
Their mother asked the court for a change to the custody agreement ending the father's in-person access. She applied to the court last year and the hearing took place Jan. 24.
"As the parents who are caring for [the child] 50 per cent 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," the ruling says.
"It is no contest: the current science in the face of a highly contagious virus far outweighs Mr. F.'s layman wait-and-see approach."
The new order allows the father "generous" visiting rights via Zoom but no in-person contact. If he gets vaccinated, he can return to court to ask for a change to the decision.
While waiting for the hearing, the father also refused to consent to the children being vaccinated after they became eligible last November. Godbout ruled the mother could get that done without his agreement.
Ruling welcomed
Moncton family lawyer Sheila Cameron said the ruling is a welcome development because COVID-19 has complicated custody agreements in all kinds of ways.
Agreements that involve one parent dropping a child off at school and the other picking them up have been disrupted by at-home virtual schooling, for example.
In other cases, children have contracted COVID while at the home of one parent just before having to return to the home of the other parent.
"We're definitely seeing a lot of issues that I've never seen in 29 years of practice, and thankfully we have judges giving us guidance on those things," Cameron said.
Fredericton family lawyer Natacha Bossé said some separated parents unwilling to be co-operative are even using COVID-19 "as a weapon" to deny the other parent access.
"It has taken the already-difficult issues to a whole other level."
Godbout's decision could offer a ray of hope for other parents in similar situations, including Penobsquis mother Shelbi McLellan, who contacted CBC News recently.
She's been asking the province for help in her case but has been told her only option is to ask the court to change the custody agreement for her three-year-old daughter, a route she said she can't afford.
McLellan shares custody of her daughter with the girl's father, who refuses to get vaccinated.