Osier v. Osier

410 A.2d 1027 (1980)

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Nature of the Case

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Facts

H and W divorced. H is a Navy flight engineer whose military duties require him to be absent from his Maine home about one-third of the year. H was unable to care for the child and agreed that W should retain physical custody of him. After remarrying and setting up a new home, H, by a motion filed on October 5, 1978, sought amendment of the divorce decree, requested custody of the child. At the hearings, one reason advanced was that W would not consent to a blood transfusion for their son. The divorce court entered a final order granting custody of the child to H and his present wife with visitation rights to W. In his 'Findings of Fact and Decision thereon' the District Court judge stated that W's religious practice in regard to blood transfusions raised an 'issue of major importance.' The court concluded, 'that W's religious beliefs are such that they would endanger the physical well-being or life of their child.' The Superior Court affirmed the trial court. W took a timely appeal to the Law Court.