Family Law Prof Blog

Editor: Margaret Ryznare
Indiana University
Robert H. McKinney School of Law

Tuesday, November 10, 2009

Court Orders Mom Not to Smoke in Front of Her Daughter

An Ohio Court of Appeals has affirmed a district court judgment banning a mother from smoking in the presence of her ten year-old daughter.

In the Warren County case, even with no evidence that Victoria suffers specific reactions or health issues from exposure to smoke, the court ruled that a smoking ban was in the child's best interest.

To reach that conclusion, the court did something unusual. It "took judicial notice" - without anyone presenting proof in court - of an "avalanche of authoritative scientific studies" that say second-hand smoking poses risks to children.

Read the opinion here and news coverage about the case here.

AC

http://lawprofessors.typepad.com/family_law/2009/11/court-orders-mom-not-to-smoke-in-front-of-her-daughter.html

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