Osier v. Osier

McKUSICK, Chief Justice.

Defendant Barbara Osier appeals from the judgment of the Superior Court, Cumberland County, affirming an order of the District Court, Brunswick, which had awarded custody of the couple’s minor son to plaintiff-appellee Jay Osier in a divorce action. We conclude from the limited record before us that the District Court in granting custody to the father gave undue weight to the fact that the mother as a Jehovah’s Witness would not consent to a blood transfusion for the son. Since the custody decision implicates the constitutionally sensitive areas of religious freedom…