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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

November 10, 2009 in Custody (parenting plans) | Permalink

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