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Osier v. Osier

Maine Supreme Judicial Court

410 A.2d 1027 (1980)

Facts

Jay Osier (plaintiff) brought an action for divorce against Barbara Osier (defendant), with whom he had a minor child. Barbara was a Jehovah’s Witness. Jay initially agreed that Barbara should be granted physical custody of the child, but he later sought to amend the divorce decree to retain custody himself. After a hearing, the divorce court granted custody to Jay. The court based this determination on Barbara’s testimony that she would not consent to a blood transfusion for the child even if such a procedure were medically necessary. Barbara appealed to the superior court, which affirmed the judgment of the divorce court. Barbara again appealed. The Maine Supreme Judicial Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (McKusick, C.J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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