What you should know
- A family custody battle is now in the midst of a vaccine debate following a court ruling that a girl’s father must show proof of vaccination against COVID-19 or undergo periodic testing for visitation.
- A New York City judge ruled Oct. 7 in favor of the mother’s motion requesting that the father be vaccinated against the virus to visit his 3-year-old daughter, whom he currently sees every other weekend.
- The final ruling was issued last week, potentially one of the first like this in the nation, to withhold in-person visits until the parent agrees to vaccination or regular testing; virtual and telephone contact is still allowed.
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NEW YORK – A family custody battle is now in the midst of a vaccine debate following a court ruling that a girl’s father must show proof of COVID-19 vaccination or undergo periodic testing for visits .
A New York City judge ruled Oct. 7 in favor of the mother’s motion requesting that the father be vaccinated against the virus to visit his 3-year-old daughter, whom he currently sees every other weekend.
Judge Matthew Cooper sided with the mother’s request just over a month after she filed her initial emergency request, first reported by The Post. A temporary restraining order was immediately issued on September 2 to suspend in-person visits before amending it two weeks later to allow a weekly testing regimen in lieu of vaccination.
The final ruling was issued last week, potentially one of the first like this in the nation, to withhold in-person visits until the parent agrees to vaccination or regular testing; virtual and telephone contact is still allowed.
“The danger of voluntarily remaining unvaccinated during access with a child while the COVID-19 virus remains a threat to the health and safety of children cannot be underestimated,” Cooper stated in his decision.
The father’s attorney claims the judge has created a dangerous precedent by skipping an evidentiary hearing and has decided to strip him of his parental rights solely because of the vaccine status. Attorney Lloyd Rosen of Wisselman, Harounian & Associates also argues that the father “has natural immunity” after contracting the virus earlier in the year.
Cooper confirmed that the father revealed that he tested positive for the virus earlier this year and would return to the judge with guidance from a medical professional on whether he should receive the vaccine and, if so, when. But the father “dropped that argument” and did not present evidence from a physician to support the claim of natural immunity, according to the decision.
Instead, he took the novel position that his ‘religious beliefs as a Roman Catholic’ prevented him from receiving the vaccine. This justification makes no sense as Pope Francis is vaccinated and has encouraged Catholics around the world to be vaccinated for ‘the common good,’ “the judge wrote last week.
Rosen argues that his client is willing to receive a COVID-19 vaccine, but is reluctant to do so without further investigation.
“The father is not opposed to vaccines; he is simply making the decision to wait until there is more reliable data on their safety and efficacy before opting to get vaccinated,” Rosen told NBC New York.
The judge’s ruling is consistent with recommendations from the Centers for Disease Control and Prevention, as well as most leading medical experts, the mother’s attorney said Friday.
Evan Schein of Berkman Bottger Newman & Schein told NBC New York that the father continues to have virtual and telephone access to his daughter.
“Judge Cooper’s decision really reinforces that in any custody determination, the best interest of the child, including welfare and safety, is paramount,” Schein said Friday.
The father’s attorney was not prepared to say if they would fight an appeal.
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