Unvaccinated Quebec father regains visitation rights with child

A Quebec father, who is not vaccinated against COVID-19, has regained the right to have visits with his 12-year-old vaccinated son.

In her decision, Justice Marie-Anne Paquette wrote that it is no longer in the child’s best interest to deny him all in-person contact with his father, given the improving COVID-19 situation in Quebec.

“The detrimental effect of such a cut off on the maintenance and development of the father-child relationship would, in the present context, outweigh the risks presented by the mother, which nevertheless remain real,” Paquette wrote.

On Dec. 23, the Superior Court suspended the man’s visitation rights until Feb. 8 due to the rapid rise of the Omicron variant and the fact that the child lives with half-siblings too young to be vaccinated. In his decision, Justice J. Sebastien Vaillancourt also cited the man’s opposition to public health measures.

READ MORE: Quebec judge suspends unvaccinated father’s visitation rights with child

Paquette said the fact that the child has been attending school in-person and that the government has announced a gradual lifting of COVID-19 restrictions indicates the situation has improved since Vaillancourt’s ruling.

The suspension of visitation right was due to end Tuesday, and the child’s mother asked the court for it to be extended. She argued that the resumption of visits could lead to infection, posing a danger to her family’s health and quality of life.

During an appearance at the Montreal courthouse Tuesday, the father argued that the suspension of his parental rights, which he described as “draconian,” was undermining his relationship with his son.

The man told the court that he is not a conspiracy theorist, as the boy’s mother had argued, and that while he does not plan to be vaccinated, he had consented to having his son vaccinated against COVID-19. The man said he follows all public regulations and told Paquette he would obey those rules during visits with his son.

Paquette ruled that the man, who has not had any parenting time with his son since Dec. 5, can have custody over spring break to make up for lost time.

This report by The Canadian Press was first published Feb. 9, 2022.