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Sadat v Fox [2021] NZFC 11418

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. * * *