Published 21 January 2022
Care and contact arrangements — COVID-19 vaccination — vaccination status — COVID-19 testing — Care of Children Act 2004, ss 5 & 46G — C.B v D.B [2021] Supreme Court, New York County. The parties and their counsel appeared via audio visual link for a submissions-only hearing to determine care and contact arrangements for the parties' 20-month-old child. The father sought to increase contact with the child, who lived with the mother. At issue was whether the father, who was unvaccinated against COVID-19, ought to be required to take a COVID-19 test prior to contact with the child. The paramount consideration in Care of Children Act proceedings is a child's welfare and best interest, which includes protecting the child's safety. COVID-19 posed a risk to the child's physical safety. The child, aged under two years old, was not eligible for COVID-19 vaccination. The Court considered an overseas case dealing with the issue, where the American Court had suspended the father's contact with the child until he was either fully vaccinated against COVID-19 or agreed to be regularly tested prior to contact. While the Court could not make an order requiring the father to get vaccinated, the Court could make an order requiring the unvaccinated parent to take a test. The Court here determined this would protect the child's safety, and made an order requiring the father to produce a negative COVID-19 test 72 hours prior to each contact session with the parties' child. Judgment Date: 12 November 2021. * * * Note: names have been changed to comply with legal requirements. * * *
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Visit website›Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
Visit website›For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
Visit website›On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.
Visit website›