Judge denied visitation rights to unvaccinated parent who already had COVID

Judge denied visitation rights to unvaccinated parent who already had COVID
Delta variant: different from SARS-CoV2, perhaps, but symptoms like the common cold. CDC/LU Staff mage

Parents are entitled to see their children, even if their lifestyles pose non-imminent or tiny risks to their kids’ health. Jehovah’s Witnesses refuse blood transfusions, but the remote possibility that their kids will be injured and need a transfusion is not reason enough for courts to take away their kids.

Yet, PJ Media reports:

A science-denying New York City judge has decided that a father can’t see his three-year-old daughter unless he gets vaccinated or submits to weekly COVID tests, even though the man had COVID and therefore possesses natural antibodies. Not to mention the fact that three-year-olds are among the least likely to die from COVID.

“Here, in-person parental access by defendant is not in the child’s best interests, and there are exceptional circumstances that support its suspension,” Justice Matthew Cooper wrote in his decision. He also wrote that the “dangers of voluntarily remaining unvaccinated during access with a child while the COVID-19 virus remains a threat to children’s health and safety cannot be understated.”

The father’s lawyer fired back with logic, but to no avail.

“My client is not a conspiracy theorist. He has concerns about the vaccine. He’s heard about side effects. He once had a bad reaction to a flu vaccine,” attorney Lloyd Rosen countered.

Justice Cooper wasn’t hearing it.

“Unfortunately, and to my mind, incomprehensibly, a sizable minority, seizing upon misinformation, conspiracy theories, and muddled notions of ‘individual liberty,’ have refused all entreaties to be vaccinated,” Cooper declared.

The “Honorable” Justice Cooper serves on the court’s “Gender Fairness Committee.” I smell a liberal.

Cooper initially stated that the vaccine is necessary “to participate meaningfully in everyday society.”…Two weeks later, the mother of the toddler suggested the father could see his daughter if he submitted to weekly tests, and Justice Cooper agreed.

“This judge must feel that 80 million Americans who aren’t vaccinated are placing their children at imminent risk of harm and, therefore, the courts should intervene and remove those children from their parents,” Rosen, the father’s lawyer, stated. “This is an absurd position to take.”

I live in a state with 9 million people. Not a single three-year-old has died of the coronavirus in it. To a three-year old (unlike an old person or a fat person), coronavirus is no more dangerous than the flu. And we don’t deny parents’ visitation rights because they didn’t get a flu shot.

Hans Bader

Hans Bader

Hans Bader practices law in Washington, D.C. After studying economics and history at the University of Virginia and law at Harvard, he practiced civil-rights, international-trade, and constitutional law. He also once worked in the Education Department. Hans writes for CNSNews.com and has appeared on C-SPAN’s “Washington Journal.” Contact him at hfb138@yahoo.com


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