The Kagen case was before the trial court because Father wanted to have the children vaccinated and Mother opposed. The Court of Appeals remanded this matter to the circuit court for reconsideration of whether securing vaccinations for the parties’ minor children was in the children’s best interests. (Kagen I). The COA opinion in Kagen I described in considerable detail the circuit court’s several legal errors and clearly erroneous factual findings. The COA remanded with a specific recommended course of action to be undertaken by the trial court on remand. The Court of Appeals decisions provide clear guidelines for all parents and their lawyers about what is required when two parents sharing joint legal custody disagree about a medical issue such as immunization.
(1) The circuit court was directed by the COA to verify that the vaccination decision would not affect the children’s established custodial environment. The court complied.