The appellant father appealed an interim motion order that granted the respondent mother sole decision-making authority to vaccinate their eldest child against COVID-19 and significantly restricted the father's parenting time due to his unvaccinated status.
The Divisional Court dismissed the appeal regarding the vaccination, finding no error in the motion judge's reliance on government recommendations and the child's best interests.
However, the court allowed the appeal regarding parenting time, holding that the motion judge erred by treating the father's unvaccinated status as a primary factor and unjustifiably sacrificing the children's meaningful relationship with their father.
The parenting schedule was remitted to the lower court.
