Opinion
361290
06-09-2022
Monica T Kitchen v. Robert T Kitchen
LC No. 2014-007074-DM
Mark J. Cavanagh, Deborah A. Servitto Judges
ORDER
Colleen A. O'Brien, Presiding Judge
The motion for immediate consideration is GRANTED.
In lieu of granting the application for leave to appeal, the Court orders, pursuant to MCR 7.205(E)(2), that the April 14, 2022 order of the Macomb Circuit Court denying plaintiffs motion to allow her to obtain COVID-19 booster shots for the minor children hereby is REVERSED. Where parties share joint legal custody and cannot agree on a significant decision regarding the children, the trial court is to resolve the issue in the children's best interests. Marik v Marik (On Remand), 325 Mich.App. 353, 360; 925 N.W.2d 885 (2018). The trial court gave insufficient weight to the uncontroverted evidence from the Centers for Disease Control and the children's pediatrician, as well as the children's imminent trip overseas, all of which clearly preponderate in favor of the booster shots despite the rare but potential risk of myocarditis/pericarditis. Therefore, receiving the booster shot is in the best interests of the children and the trial court erred in finding otherwise. The parties' minor children shall receive COVID-19 booster vaccines as recommended by their physician. Plaintiff may schedule and obtain the vaccines for the children and notify defendant by e-mail that the vaccines have been administered.
This order is to have immediate effect, MCR 7.215(F)(2).
The Court retains no further jurisdiction.