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

Custody (parenting plans) | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef0120a6646a06970b

Listed below are links to weblogs that reference Court Orders Mom Not to Smoke in Front of Her Daughter:

Comments

Post a comment