Nagel v. Nagel
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The Supreme Court affirmed the decree of the family court in favor of Mother and permitting Mother to vaccinate the parties' two minor children for COVID-19 consistent with the recommendation of the children's pediatrician, holding that there was no error.
In 2020, the family court entered a final judgment of divorce between the parties setting forth provisions governing the children's custody and visitation, including the provision that "[n]either party shall unreasonably withhold his or her consent to medical treatment for the children or the administration of medication recommendation by the pediatrician of the children." In 2022, Plaintiff filed a motion for relief after final judgment seeking the court's permission to vaccinate the children for COVID-19, consistent with the pediatrician's recommendation. The trial justice allowed the motion. The Supreme Court affirmed, holding that the trial justice's factual findings did not overlook or misconceive any aspect of the matter, nor were they otherwise clearly wrong.
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