Judge restores visiting rights for Quebec father unvaccinated against COVID-19

Published February 9, 2022 at 3:29 pm

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

Superior Court Justice Marie-Anne Paquette ruled Tuesday 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.

On Dec. 23, another Superior Court judge 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.

With the suspension due to end Tuesday, the child’s mother had asked the court for it to be extended.

The father, who described the suspension of his parental rights as “draconian,” argued that he is not a conspiracy theorist and that while he does not plan to be vaccinated, he will respect all public health regulations during visits with his son, who is vaccinated against COVID-19.

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 the lost time.