Emily A. Bickford v. Matthew A. BradeenEmily A. Bickford v. Matthew A. Bradeen
[¶1] Emily A. Bickford appeals from an order of the District Court (Portland, Nofsinger, J.) modifying the parties’ parental rights and responsibilities and allocating to Matthew A. Bradeen final decision-making authority with respect to certain aspects of their child‘s religious upbringing and medical care. Bickford argues that the court‘s order violated her rights under the First and Fourteenth Amendments to the U.S. Constitution. We disagree and affirm.
I. BACKGROUND
A. The 2013 Order of Shared Parental Rights and Responsibilities
[¶2] Bickford and Bradeen are the parents of a child born in January 2013. Later that year, upon Bickford‘s complaint, a Family Law Magistrate
[¶3] “Shared parental rights and responsibilities,” as defined by statute and set out in the order,
means that most or all aspects of a child‘s welfare remain the joint responsibility and right of both parents, so that both parents retain equal parental rights and responsibilities, and both parents confer and make joint decisions regarding the child‘s welfare. Matters pertaining to the child‘s welfare include, but are not limited to, education, religious upbringing, medical, dental and mental health care, travel arrangements, child care arrangements and residence.
See
- “confer with each other on a regular basis” and “notify each other of their child‘s medical and dental exam results, significant events, minor injury or illness, teacher conference results, school meetings, recitals, meets, homework, tests, project deadlines[,] etc.“;
- “be civil and courteous to [each] other, open-minded about [each] party‘s suggestions and feelings regarding their child, and respectful of [each] party‘s role in their child‘s life“; and
- “reach[] jointly, whenever possible,” any “major decision concerning their child,” with each party “conferring with the other and always placing the best interest of their child above any interest of their own.”
The order also prohibited the parties from “do[ing] anything that could estrange their child from the other party or injure the child‘s opinion about the other parent,” and it specifically admonished them to “refrain from making, or
B. The Parties’ Motions to Enforce and to Modify the 2013 Order
[¶4] On September 17, 2021,1 Bradeen filed motions to enforce and to modify the 2013 order. See
[¶5] Between 2021 and 2024, the parties participated in a series of mediation sessions, and they eventually resolved all their disagreements except for those pertaining to religion and healthcare.
[¶7] On December 16, 2024, the court entered an order resolving the parties’ motions and modifying, in part, the allocation of their parental rights and responsibilities with respect to religious upbringing and medical care of the child. We first summarize the court‘s factual findings and then describe its legal analysis and its allocation of certain parental rights to Bradeen.
C. The Trial Court‘s Factual Findings
[¶8] In its final order, the court found the following facts, which are supported by competent evidence in the record. See, e.g., Light v. D‘Amato, 2014 ME 134, ¶ 2, 105 A.3d 447.
[¶9] Bickford started attending church services at Calvary Chapel Greater Portland in May 2021, bringing the child to multiple services per week.
[¶10] As described by the pastor, Travis Carey, Calvary Chapel teaches the Bible “verse by verse, chapter by chapter.” This entails sermons that include, in Carey‘s words, “quite vivid description[s]” of Hell: “There‘s wailing and gnashing of teeth. There is burning and torment. The worm dieth not. Shame, eternal perpetual pain, and regret.” Carey also testified that he preaches about the “Second Coming of Christ,” which will involve “seven years of . . . pure hell on earth under the persecution of . . . the Antichrist” for those who have not “accept[ed] the terms of God.”
[¶11] The child has experienced fear and anxiety associated with these teachings. The child has asked Bradeen a lot of questions about Heaven and Hell and about why Bradeen and his other child would not be in Heaven with her. The child has left notes around Bradeen‘s house because she fears that the
[¶12] Bradeen reached out to Bickford to express his concerns about the child‘s anxiety and about Bickford‘s decision to engage the child in religious activities without notifying or conferring with him. Bickford‘s response was that she lives under God‘s law, not the state‘s law. Bickford does not believe the child is, or should be, experiencing any anxiety, because she and the child “just pray” and “give it to God.”
[¶13] After Bradeen expressed his concerns, Bickford made other unilateral decisions about the child‘s participation in church activities, and she took steps to hide the scope of the child‘s involvement from Bradeen. For example, Bradeen learned that the child was scheduled to be baptized only when he was informed by a third party. Bradeen then called Bickford to ask about the baptism, and she placed him on speakerphone in front of the child. On another occasion, Bickford took the child out of school for a day, explaining to Bradeen that they were visiting the state capitol. Although this was partially true, she did not tell Bradeen that they were going to the state capitol to participate in a political rally with other church members. Most recently, Bickford allowed the child to stay overnight at someone else‘s home as part of
[¶14] On the evening of August 28, 2024, following the first day of the hearing on the motions to modify, Bickford took the child to a service at the church. Bickford knew in advance that Carey intended to discuss this litigation as part of the service, and she encouraged him to do so. At the opening of the service, Carey offered a six-and-a-half-minute-long prayer focused exclusively on this case.3 In the prayer, Carey
- introduced these proceedings as a “custody battle,” with Bradeen on one “side” and Bickford on the other;
- referenced the parties and the child by name almost thirty times;
- described Bradeen as in need of salvation;
- noted that the church had “been praying for [Bradeen] and his salvation for a long time“;
stated that “[Bradeen‘s] side” had retained an expert witness for the purpose of “find[ing] any dirt they can on Calvary Chapel, on [another pastor] and on myself, and on [the child‘s] faith and [Bickford‘s] faith“; - described these proceedings as not “really an attack on [Bickford], [the child], or Calvary Chapel,” but as “really an attack on God‘s Word“;
- asserted that the outcome of this case would depend on no more than “who appointed [the] judge” and “where this judge stands with God and His Word“;
- described this case as an example of “the enemy seek[ing] to . . . crush and quench and strangle the church“;
- stated that “[i]t‘s hard to imagine, though, when you‘re eleven years old and you‘re dealing with the level of persecution that [the child] is dealing with“; and
- prayed, regarding the outcome of this case, that God “bring to nothing the plans and the snares and the tricks of the enemy.”
Bickford did not attempt to remove the child from the service at any point during the prayer, and she later affirmed her belief that it was “appropriate“for the child to sit through the service. The “tenor and content” of this prayer were not atypical for Carey, who consistently characterizes “those who challenge the church‘s beliefs—including [Bradeen]—as the ‘enemy.‘”
[¶15] Although the child has enjoyed a strong, loving relationship with each of the parties, Bickford‘s decisions regarding religion have endangered the child‘s relationship with Bradeen. Bickford has exposed the child to messaging “that her father is going to burn and suffer for eternity, that he is persecuting
[¶16] Despite the court order requiring the parties to make joint decisions about the child‘s religious upbringing, Bickford will not coparent with Bradeen on matters of religion. Bickford believes that the child‘s relationship with God is more important than anything on earth, including the child‘s relationship with Bradeen, and she testified that she would not do anything that she perceives to be “contrary to what God wants [her] to do,” even if it is required by a court order.4 The court found that Bickford has essentially abdicated her independent decision-making to the church. Bradeen, meanwhile, has taken a “measured approach” and “acted in a manner designed to protect [the child] from additional anxiety.” In his conversations with the child, Bradeen is intentionally vague about his concerns with Bickford‘s church, and he avoids making any suggestion that Bickford has done anything inappropriate or “wrong.” Bradeen is better situated than Bickford is to
[¶17] In addition to their disagreements regarding religious upbringing, the parties have become unable to coparent regarding medical decision-making. The child used to be up to date on all recommended vaccinations, but recently Bickford has opposed vaccinating the child, including vaccines for COVID-19 and the flu, and she has refused to respond to Bradeen‘s communications regarding the human papillomavirus (HPV) vaccine. Bickford has also opposed the child‘s receipt of antibiotics. Bickford‘s beliefs and decisions about healthcare are based on personal experiences, stories from friends, and her own online research, while Bradeen‘s are based on recommendations from the child‘s physicians and information from the Centers for Disease Control and Prevention (CDC). The court found that Bradeen‘s approach to medical decision-making is more aligned with the child‘s best interest than Bickford‘s is.
D. The Trial Court‘s Legal Analysis and Allocation of Certain Parental Rights to Bradeen
[¶18] The trial court used two different analytical frameworks to resolve the parties’ requests for allocated decision-making regarding the child‘s healthcare and religious upbringing.
[¶20] With respect to religion, however, the court determined that it could not engage in a “plain application of
[¶21] Applying those frameworks, the court allocated elements of both medical and religious decision-making to Bradeen.
[¶22] The court emphasized that the parties are unable to coparent and that “Bradeen has demonstrated a capacity and intention to make decisions in
Both parties retain the right and responsibility to obtain care for [the child] in emergency situations and to make decisions regarding the administration of over-the-counter medications or first aid treatment. With respect to decisions significantly affecting [the child‘s] medical health care, including but not limited to vaccinations and the administrations of any prescribed medication, [Bradeen] must first consult [Bickford] and consider her thoughts and opinions, but [he] is vested with final decision-making rights and responsibilities.
[¶23] The court‘s analysis concerning the parties’ decision-making on religion proceeded in three parts. First, the court concluded that there was a compelling state interest in protecting the child from “immediate and substantial psychological harm.” The court emphasized that Bickford had allowed the child to receive messages that alienate her from her father and cause her psychological harm, as evidenced by her anxiety and panic attacks, and that Bickford is unwilling to coparent with Bradeen or take any other steps to mitigate that harm. As the court put it,
[T]here has been no showing of harm to [the child] associated with a belief system that is rooted in the Bible. Instead, the harm is associated with [Bickford‘s] inability to co-parent with [Bradeen] on the topic matter of religion; the handing over of her right and responsibility to make decisions that are in [the child‘s] best interests to Calvary Chapel; and the specific messaging that has
been delivered by Calvary Chapel, which divides [the child] from her father and characterizes him as the ‘enemy’ who poses a threat to her eternal salvation, thereby harming [the child] herself.
Second, the court found that the parties are unable to coparent regarding the child‘s religious upbringing and that Bradeen is better able to weigh the child‘s participation in religious activities “objectively and with her safety and wellbeing in mind” than Bickford is. Finally, the court determined that an allocation of decision-making authority regarding religion would be both in the child‘s best interest and narrowly tailored to protect her from harm. As a result, the court allocated sole parental rights and responsibilities to Bradeen regarding the child‘s involvement with Calvary Chapel Greater Portland. Regarding the child‘s participation in any other religious activity, the court ordered that the parties “shall continue to share parental rights and responsibilities and are required to jointly research the church, organization, or teachings and discuss whether [the child‘s] participation and exposure [are] in her best interests,” and allocated final authority to Bradeen if they are unable to agree.
[¶24] The trial court denied each of Bickford‘s requests for post-judgment relief, and Bickford timely appealed.
A. Allocation of Religious Decision-Making
[¶25] Bickford asserts that the court‘s allocation to Bradeen of decision-making regarding religion violated her parental rights under the First and Fourteenth Amendments to the U.S. Constitution.5 Specifically, she argues that (1) the court erred in concluding that it had a compelling state interest, because the only evidence of harm to the child was overly speculative, self-serving, or otherwise inadequate; (2) the court‘s order was not narrowly tailored, because it was not the “least restrictive means” of protecting the child from harm; and (3) the court‘s analysis of the child‘s best interest was infected with hostility toward Bickford‘s religion.6
1. Strict scrutiny does not apply to an allocation of parental rights between a child‘s parents.
[¶27] Bickford invokes her fundamental constitutional right to direct the religious upbringing of the child, arguing that any restriction on that right must be subject to strict scrutiny. The trial court agreed with Bickford and—reading our decision in Osier, 410 A.2d at 1029-31, as requiring it to deviate from a “plain application of
[¶28] Judicial decisions regarding parental rights and responsibilities generally must be based on “the best interest of the child.”
[¶29] Parents have a fundamental constitutional right to direct the upbringing of their children, including in matters of religion.7 See, e.g.,
[¶30] “A judgment respecting parental rights and responsibilities does not implicate a parent‘s fundamental right to parent unless it constitutes a state intrusion on that right.” Mills v. Fleming, 2017 ME 144, ¶ 7, 166 A.3d 1012
[¶31] The rationale of our prior decisions regarding the allocation of parental rights applies no less to religious decision-making than to any other aspect of those rights: “When fit parents, who are parenting separately, cannot agree on an aspect of their shared parenting responsibilities, and cannot agree on a nonlitigation-based method of resolving that dispute, the court must undertake its responsibility to adjudicate the facts and provide a resolution to the dispute.” Mills, 2017 ME 144, ¶ 10, 166 A.3d 1012. In such a case, the court‘s “necessary . . . resolution” of the parental dispute “does not substitute the court‘s judgment for that of the parents; it merely reflects court resolution of a dispute that the parents themselves could not resolve.” Id. ¶ 9. Accordingly, a court order that resolves a dispute between two parents according to the best interest of the child “does not violate the constitutional rights of either parent,” id. ¶ 10, regardless whether the dispute pertains to education, healthcare, religion, or any other aspect of the child‘s upbringing.
[¶32] Contrary to Bickford‘s argument and the trial court‘s conclusion, our 1980 decision in Osier does not require us to apply a different legal standard in cases that implicate parental rights regarding religion. There, we
If and only if the court is satisfied that an immediate and substantial threat to the child‘s well-being is posed by the religious practice in question, need it proceed to the second stage of the inquiry, requiring it to engage in an explicit balancing of the conflicting interests. In fashioning the appropriate order, the court should adopt a means of protecting the best interests of the child that makes the least possible intrusion upon the constitutionally protected interests of the parent.
Id. at 1031 (emphasis and footnote omitted). Two points bear upon the reasons for these statements and limit them to the unique circumstances in Osier.
[¶33] First, Osier was decided in 1980, when our statutes and cases spoke in terms of “custody.” See
[¶34] Second, the language quoted above was dictum. The mother in Osier was a Jehovah‘s Witness who, as part of her religious beliefs, would not permit the child to receive a blood transfusion even if necessary to save his life. Osier, 410 A.2d at 1028-29. The trial court awarded custody to the father on that basis alone, even though there was no evidence “that the mother‘s religious practice posed an immediate and substantial threat” to “a normal and active 8-year-old.” Id. at 1029 & n.3, 1031 & n.7. We agreed with the mother that the court had too hastily “delve[d] into a constitutionally sensitive area” surrounding her religious beliefs, and we remanded to the trial court to engage in a fact-based best-interest analysis, which it had not done. Id. at 1029, 1032. Thus, the remainder of our opinion—including our discussion of what a court might do when it cannot ‘avoid’ a parent‘s religion—was “not necessary to the decision of the case,” Dupuis v. Roman Cath. Bishop of Portland, 2025 ME 6, ¶ 14, 331 A.3d 294 (quotation marks omitted), and is not binding.
[¶35] Whatever Osier‘s dictum may have meant in 1980, its apparent invocation of strict scrutiny does not govern the resolution of parental rights disputes today, when parental rights and responsibilities must be allocated in
[¶36] A court order allocating authority between two parents does not “intru[de] on” the parents’ shared right to direct the upbringing of their child. See, e.g., Mills, 2017 ME 144, ¶¶ 7-10, 166 A.3d 1012. To the extent Osier suggests that a different principle must govern cases implicating a parent‘s religion, we clarify that its dictum is unpersuasive. Today, we join other courts in concluding that the Constitution does not prohibit a court from allocating authority between two parents according to the best interest of the child, regardless whether the court‘s allocation implicates the religious beliefs of one parent or the other. See, e.g., In re Kurowski, 20 A.3d 306, 317 (N.H. 2011) (“Because the parents in this case reached an impasse on the exercise of their respective parenting rights, the trial court properly utilized the best interests standard to resolve the dispute. The trial court‘s decision is not subject to strict scrutiny review merely because the case involves the fundamental parental
2. Although the court erroneously applied strict scrutiny, it ultimately conducted a full best-interest analysis.
[¶37] The trial court here mistakenly believed that it could allocate religious parental rights according to the child‘s best interest only if it first concluded that doing so was narrowly tailored to protecting the child from
3. The court‘s best-interest analysis did not evince religious bias or hostility.
[¶38] The Constitution does not require the displacement of the best-interest standard and imposition of strict scrutiny any time a parental rights order implicates a parent‘s religion. It does, however, “mandate[] governmental neutrality between religion and religion, and between religion and nonreligion.” Epperson v. Arkansas, 393 U.S. 97, 104 (1968); see also Fulton v. City of Philadelphia, 593 U.S. 522, 533 (2021) (“Government fails to act neutrally when it proceeds in a manner intolerant of religious beliefs or restricts practices because of their religious nature.“); Masterpiece Cakeshop, Ltd. v. Colo. C.R. Comm‘n, 584 U.S. 617, 638-40 (2018) (explaining that religious
[¶39] Bickford asserts that the court‘s order in this case was hostile to her religion for two principal reasons: (1) the court‘s finding of harm to the child was predicated on unconstitutional judgments about the content of her religious beliefs and practices, and (2) the court used language that was disrespectful toward her religion, including referring to her church as a “cult.” We disagree. The court found that the child was harmed by Bickford‘s decisions to expose the child to messages that characterized Bradeen as an “enemy” who seeks to “persecute” the child and her faith, and by Bickford‘s unwillingness to prevent the child from receiving those messages or to take any other steps to
[¶40] We are also unpersuaded by Bickford‘s claim that the court evinced hostility toward her religion by describing her church in offensive terms, including referring to it as a “cult.” The court used the word “cult” only in describing the testimony of Lalich, the stipulated expert on “cults.” The court noted that “cult” serves as a shorthand for what sociologists like Lalich call “closed social systems” and that Lalich identified Bickford‘s church as one of these systems. The court used “cult” in summarizing Lalich‘s testimony, but it did not otherwise refer to Bickford‘s church as either a cult or a closed social
[¶41] In sum, despite Bickford‘s efforts to recast the court‘s order as a judgment about the substance of her religious beliefs, the court‘s allocation of religious decision-making to Bradeen ultimately rested on no more than its findings that the parties are unable to coparent on matters of religion, such that it was therefore necessary to allocate decision-making to one or the other, and that Bradeen is better suited to determine whether certain religious activities are in the child‘s best interest. Each of those findings was amply supported by the record, and neither of them depended on the substance of Bickford‘s religious views. We thus reject Bickford‘s claim that the court evinced religious hostility or otherwise abused its discretion in its analysis of the child‘s best
[¶42] Bickford also raises a brief challenge to the court‘s allocation of medical decision-making to Bradeen. Specifically, she argues that because the court found that she makes medical decisions in good faith (and with no intent to harm the child), the Constitution prohibited the court from limiting her ability to make medical decisions.16 The sole authority she cites to support this argument is Parham v. J. R., 442 U.S. 584, 602-04 (1979).
[¶43] Bickford‘s argument is without merit. Courts are authorized by statute to allocate medical decision-making according to a child‘s best interest, see
The entry is:
Judgment affirmed.
David M. Hirshon, Esq., Hirshon Law Group, P.C., Freeport, and Mathew D. Staver, Esq. (orally), Daniel J. Schmid, Esq., and Richard L. Mast, Esq., Liberty Counsel, Orlando, Florida, for appellant Emily A. Bickford
Michelle R. King, Esq. (orally), Thistle Weaver & Morris, Portland, and King Law, LLC, Portland, for appellee Matthew Bradeen
Portland District Court docket number FM-2013-604
FOR CLERK REFERENCE ONLY
Notes
Responsibilities [for the various aspects of a child‘s welfare] may be divided exclusively or proportionately. Aspects of a child‘s welfare for which responsibility may be divided include primary physical residence, parent-child contact, support, education, medical and dental care, religious upbringing, travel boundaries and expenses and any other aspect of parental rights and responsibilities. A parent allocated responsibility for a certain aspect of a child‘s welfare may be required to inform the other parent of major changes in that aspect.
The phrase “parental rights and responsibilities” supersedes the word and concept of “custody” as the principal focus for the determination of issues associated with the parenting of minor children of divorced parents. It recognizes that the post-divorce parenting of a minor child is a sufficiently complex endeavor as to justify the consideration of every significant aspect of child-rearing when seeking to craft an arrangement that will serve the child‘s best interest. “Parental rights and responsibilities” requires that the judicial process include a close examination of the present circumstances and future needs of a minor child, and not just a limited examination of which parent is better suited to accept the physical custody of the child. “Custody” was superseded by “parental rights and responsibilities” due, in part, to the belief that the new terminology will serve to dissipate the antagonism, polarization, confusion, and opportunity for conflict that are often engendered when child-rearing is assigned to a custodian and a visitor, or to joint custodians without elaboration.
Levy, Maine Family Law § 6.1 at 6-3 (8th ed. 2013) (alterations, footnotes, and quotation marks omitted).
Our approach in this case—i.e., protecting the rights of parents by limiting what a court may consider in its best-interest analysis rather than by imposing strict scrutiny—is consonant with Palmore v. Sidoti, 466 U.S. 429 (1984), the only U.S. Supreme Court decision to address parental rights in the context of a dispute between parents. In Palmore, the Court held that the trial court violated a mother‘s right to equal protection when it considered, in its best-interest analysis, the “social stigmatization” that would be “sure to come” if the child lived in a “racially mixed household” with the White mother and her Black boyfriend. Id. at 430-34 (emphasis and quotation marks omitted). But the Court did not suggest that the best-interest standard should be displaced, and strict scrutiny applied, any time a parental rights order might implicate a parent‘s right to equal protection. Instead, the Court left the best-interest framework essentially as is and held only that a court engaging in a best-interest analysis may not rely on any kind of “racial classification.” Id. at 432-34; see, e.g., Jody D. Armour, Race Ipsa Loquitur: Of Reasonable Racists, Intelligent Bayesians, and Involuntary Negrophobes, 46 Stan. L. Rev. 781, 807-08 (1994)(noting that the problematic state action in Palmore occurred when the trial court “articulate[d] and employ[ed] an explicit racial classification“). The rights at issue in this case pertain to the free exercise of religion rather than equal protection, but the upshot is similar: Courts may always apply the best-interest standard to allocate parental authority
Bickford points us to several Supreme Court decisions that discuss the constitutional rights of “parents,” including cases such as Mahmoud, 606 U.S. at 546-50; Troxel v. Granville, 530 U.S. 57, 65-66 (2000) (plurality opinion); Yoder, 406 U.S. at 213-14; Prince v. Massachusetts, 321 U.S. 158, 165-66 (1944); Pierce v. Society of the Sisters of the Holy Names of Jesus & Mary, 268 U.S. 510, 534-35 (1925); and Meyer v. Nebraska, 262 U.S. 390, 401-02 (1923). However, each of those decisions involved a dispute between the parents and the State or between the parents and another third party; to our knowledge, the Court has never, other than in Palmore, addressed the scope of an individual parent‘s constitutional rights in a dispute between parents. Because there are vastly different interests at stake in a dispute between a child‘s parents and in one between the parents and the State or the parents and a third party, see, e.g., In re Child of Ryan F., 2020 ME 21, ¶¶ 20-26, 224 A.3d 1051; Guardianship of Chamberlain, 2015 ME 76, ¶¶ 23-26, 118 A.3d 229, the decisions that Bickford cited provide us with little guidance.
Bickford also quotes from several Supreme Court decisions that discuss religious liberty, including Lynch v. Donnelly, 465 U.S. 668, 673 (1984); Zorach v. Clauson, 343 U.S. 306, 313-15 (1952); Everson v. Board of Education, 330 U.S. 1, 15-16 (1947); United States v. Ballard, 322 U.S. 78, 86-87 (1944); and Watson v. Jones, 80 U.S. (13 Wall.) 679, 728-29 (1872). But each of those cases involved factual circumstances and legal issues far afield from this case, and none of the passages that Bickford identified—most of which reflect sweeping statements made by the Court in dicta—meaningfully inform our analysis.