Osier v. Osier

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that decision-making reliant on improper factor is an abuse of discretion
• courts may protect children from religious practices that pose an immediate and substantial threat to their well-being
• where Jehovah’s Witness parent would withhold blood transfusions, court may not deny custody unless the religious practice poses “an immediate and substantial threat to the temporal well-being of the child”
• in custody dispute, although court regarded mother as parent best suited for day-to-day care of child, court was constrained to award full legal and physical custody to father because mother, as Jehovah’s witness, refused to authorize necessary blood transfusion for child
• “As a general rule courts should endeavor to resolve the controversies before them without deciding constitutional issues, reaching such an issue only ‘[if] it is entirely necessary to a decision on the cause in which it is raised.’ State v. Good, Me., 308 A.2d 576, 579 (1973).... ”

Source: CourtListener parenthetical corpus (CC0).