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A B.C. Judge has ruled that an unvaccinated parent can only spend time with their five-year-old child outdoors until they get vaccinated.

In the child custody case, B.C. Supreme Court Justice Ward Branch described the parent's reasoning as for why they weren't vaccinated as a "tortured explanation" as he barred the parent from keeping the child overnight and forced them to remain outdoors during their time together.

According to a recently published Feb. 7, Supreme Court decision, the two parents separated several years ago with the child remaining in the family home and the custody being split.

The decision says the couple headed to court after the vaccinated parent objected to their child spending time with the other parent and her new partner because they aren't vaccinated.

"The parties were able to co-parent non-contentiously until around August 2020, at which time communication about the COVID-19 issues created substantial difficulties between the parties," Judge Branch said in the decision. "The conflict is largely the result of the fact that the (unvaccinated parent) has expressed reservations about the wisdom of, and risks associated with COVID-19 vaccinations."

READ MORE: B.C. judge bars anti-vax Kelowna dad from discussing COVID vaccine with son

The unvaccinated parent put forward a multitude of reasons why she hasn't been vaccinated which includes several unresolved medical issues.

The unvaxxed parent claims her autoimmune and neurological disorders increase the potential for adverse reactions from COVID-19 vaccinations.

Justice Branch called her arguments a "windy road" as he picked through them.

"There are several potholes in both the logic and the evidentiary subgrade," Branch said. "The (unvaxxed parent) offers no diagnosis or opinion from (her doctor) or anyone else of her supposed 'higher risk of developing autoimmune and neurological issues.'"

"The (unvaxxed parent) offers no opinion supporting the view that she is more susceptible to potential adverse reactions from vaccinations. Her evidence of supposed side-effects simply included media reports which are obviously inadmissible for this purpose," the Justice said. "There is no evidence or opinion from any physician confirming that the risks to the (unvaxxed parent) from the COVID-19 vaccines are greater than the health benefits to be achieved through vaccination."

The unvaxxed parent said her partner also isn't getting vaccinated because of her health issues and a risk of blood clots.

But the judge dismissed that saying they've provided no evidence to back up this claim.

The judge also pointed to misinformation the partner posted online.

"(The) partner’s social media posts suggest that her objection is more fundamental than clotting concerns. For example, she posted that people were '4,520 times more likely to die from the covid vaccine than the virus itself,'" the decision reads.

READ MORE: B.C. mom wins court fight with dad to get immunocompromised daughter vaccinated

The Judge ruled that neither the unvaxxed parent nor her partner has proved that they should be exempt from vaccination requirements.

Referencing case law, the judge said there should be "zero tolerance" for any parent who recklessly exposes a child to COVID-19.

"The (unvaxxed parent) and her partner have simply not offered any compelling justification for their current unvaccinated status. As such, based on the record before me, they are putting (the child) at an increased risk unnecessarily," Branch said.

The Justice then ordered that the unvaccinated parent must only spend time with their child while outdoors, and must wear a mask, which means the child won't be able to spend time overnight at their house.

Branch said he made the order with "great reluctance."

If the unvaccinated parent and her partner get doubled vaccinated, they can immediately go back to the earlier parental custody agreement, he said.

READ MORE: B.C. judge orders mom to get daughter vaccinated against father's wishes

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