Tuesday March 22 2022

General publication

Access Rights Suspended for an Unvaccinated Parent

For some time now, vaccination against COVID-19 has been a hot topic with many controversies. Some people believe the vaccine is necessary and others prefer not to receive the vaccination. But how to approach the situation when it comes to vaccinating a minor child? This issue has been addressed in various judgments. Thus, we will address the facts and conclusions of one of these judgments in this article.

A judgment was issued on December 23, 2021, by the Honourable J. Sébastien Vaillancourt, Judge of the Superior Court of Quebec. A parent had his visitation rights to his 12-year-old child suspended because he refused to be vaccinated. Indeed, there was evidence that the father opposed the vaccination against COVID-19 and to the sanitary measures that were put in place by the government. The mother contested the father’s request for access rights because of his actions regarding the pandemic situation. The father was not following the sanitary measures and his Facebook page contained information expressing that he was against vaccination.

The issue in this case was whether it was in the best interests of the child for the father to have access rights while being unvaccinated. The Court decided to suspend the father's access rights, because the pandemic situation had changed adversely due to the new Omicron variant.

In fact, one of the Court's reasons for suspending the access rights in question was the strong recommendation made by health authorities regarding vaccination to curb the pandemic.

The jurisprudential trend is towards compliance with health measures in cases such as this. As separated parents, many disputes can arise when both are not on the same page regarding the vaccination of their child against COVID-19. It may be appropriate to retain the services of an attorney in such instances.

We remain available for legal consultation when there are issues regarding the custody of your children and parental decisions.

Me Gianina Fuschini

In collaboration with Me Zoubida Khaled

Alepin Gauthier Avocats Inc.

This text contains legal information of a general nature and should not replace legal advice with a lawyer or notary who will take into account the particularities of your situation.