Judge Rules Unvaccinated Dad Can't See His Daughter Due to COVID Vaccination Status


Another example of vaccine policy run amok occurred in New York City earlier this month when a family court judge ruled a father cannot visit his 3-year-old daughter until he gets vaccinated or submits to weekly COVID-19 testing.

“Here, in-person parental access by defendant is not in the child’s best interests, and there are exceptional circumstances that support its suspension,” wrote Justice Matthew Cooper, who is presiding over a couple’s divorce and custody dispute, the New York Post reported.

“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 judge wrote in an Oct. 7 decision, in which the parties’ names are withheld.

Cooper’s ruling requires the father to receive the vaccine or present a negative weekly PCR test and biweekly antigen test within 24 hours of his scheduled visits.

His visitation rights are currently set up for every other weekend.

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“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,” the judge said in his ruling.

The dad’s lawyer, Lloyd Rosen, told the Post his client was previously infected with COVID-19 and therefore has natural immunity.

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

The custody proceeding between the couple in the case has been contentious, according to the Post.

Do you think this judge has abused his authority?

“On Sept. 2, the mother’s lawyer raised concerns about the father’s vaccination status during a conference, prompting Cooper to suspend the dad’s visitation until he received the jab,” the paper reported.

“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 said. “This is an absurd position to take.”

The fact the father has already had COVID makes the judge’s decision not grounded in science.

Earlier this week, the Brownstone Institute, an Austin, Texas-based nonprofit founded in May that opposes lockdown and champions academic freedom, released a list of 30 peer-reviewed studies showing that those who have recovered from the coronavirus have long-lasting and robust immunity comparable to or better than those who are vaccinated.

Among the findings contained in the Brownstone Institute’s list of studies is that natural immunity offers approximately 95 percent protection against re-infection for at least six or more months.

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An Israeli Health Ministry study released in July and included on the Brownstone list showed that in the country’s most recent reported infections — beginning in May — less than 1 percent of 7,700 new cases were among those who had previously recovered from COVID.

“With a total of 835,792 Israelis known to have recovered from the virus, the 72 instances of reinfection amount to 0.0086% of people who were already infected with COVID,”  the conservative news outlet Israel National News reported.

Meanwhile, roughly 40 percent of the new cases were among those who were vaccinated.

“Israelis who were vaccinated were 6.72 times more likely to get infected after the shot than after natural infection, with over 3,000 of the 5,193,499, or 0.0578%, of Israelis who were vaccinated getting infected in the latest wave,” according to Israel National News.

In other words, the New York father, having recovered from COVID, is far less likely to get reinfected and endanger his daughter than those who have been vaccinated and never had the sickness.

Dr. Marty Makary, a professor at the Johns Hopkins University School of Medicine, has written that the strength of natural immunity from COVID has not been appropriately recognized by policymakers.

“During every month of this pandemic, I’ve had debates with other public researchers about the effectiveness and durability of natural immunity,” he wrote in a piece published by U.S. News & World Report in August.

“I’ve been told that natural immunity could fall off a cliff, rendering people susceptible to infection. But here we are now, over a year and a half into the clinical experience of observing patients who were infected, and natural immunity is effective and going strong,” he recounted.

Dr. Ben Carson, former secretary of Housing and Urban Development in the Trump administration and former director of pediatric neurosurgery at the Johns Hopkins Children’s Center, told Fox News on Monday night that the Biden administration, including Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, is ignoring natural immunity.

“The fact of the matter is, many studies have demonstrated that natural immunity is just as good as immunity induced by vaccines and probably even better because it affects more of the immune system in a positive way,” Carson said.

He added that many in the health care field know not recognizing natural immunity is not sound policy.

“They’ve had COVID already,” Carson said. “And why would they go ahead and expose themselves to extra risk when it’s unnecessary? It makes absolutely no sense whatsoever.”

“It’s all about control.”

It’s time for those in positions of authority to stop using vaccination as a weapon.

A father should be allowed to see his daughter without warped COVID-19 pronouncements getting in the way.

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Randy DeSoto has written more than 3,000 articles for The Western Journal since he joined the company in 2015. He is a graduate of West Point and Regent University School of Law. He is the author of the book "We Hold These Truths" and screenwriter of the political documentary "I Want Your Money."
Randy DeSoto is the senior staff writer for The Western Journal. He wrote and was the assistant producer of the documentary film "I Want Your Money" about the perils of Big Government, comparing the presidencies of Ronald Reagan and Barack Obama. Randy is the author of the book "We Hold These Truths," which addresses how leaders have appealed to beliefs found in the Declaration of Independence at defining moments in our nation's history. He has been published in several political sites and newspapers.

Randy graduated from the United States Military Academy at West Point with a BS in political science and Regent University School of Law with a juris doctorate.
Harrisburg, Pennsylvania
Graduated dean's list from West Point
United States Military Academy at West Point, Regent University School of Law
Books Written
We Hold These Truths
Professional Memberships
Virginia and Pennsylvania state bars
Phoenix, Arizona
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Politics, Entertainment, Faith