If it was about defying the court order, the judge shouldn't have found it necessary to quote this evidence.
The medical studies are, as yet, inconclusive and sometimes contradictory. At the very least, they don't rise to the level at which legal decisions should be based on them.
That said, I think it's reprehensible to expose your kids to smoking.
I don't think she should be going to jail. I think the husband should haul her into court to change the custody agreement based on her potentially endangering the kids. They can argue the merits there.
If second hand smoke kills, then anyone who actually inhales the full, undiluted smoke into their lungs, should be dead in a year.
It isn't 100% clear, but to me it sounds like the custody arrangement already bans smoking. What isn't clear to me at all is whether this ban was imposed on her after a hearing, or whether she voluntarily agreed to it as part of a settlement (which then was made into the Court order). If she agreed to the ban, then she's in a tougher spot, I'd say. Of course, the flip side of the argument depends on how long she smoked. Did the ex object to her smoking around the kids when they were together? If he didn't, then she could ask why her smoking only became dangerous to the kids once they split up? If dad chose to have his children with a smoker, then my sympathy for him is somewhat limited as well. I agree with you that children should not, ideally, be exposed to smoke, but of course putting their mother in jail isn't the best thing for them either!
A few years back, a study on second hand smoke, came back negative. No evidence second hand smoke was harmful.
Instead, of being truthful, it was covered up by the libs & I'm sure conservatives too. The results given to the public, supposedly was second hand smoke was just as bad as, if you were smoking yourself.
This news was on Rush's talk show, so I most definitely believe it. Why are so many people concerned about others health? Is there that much love for our fellow man, in this country?
I remember back in the 60's when the Politically Correct crap all started, how strange it all sounded. Just like propaganda.
Smoking is bad, but not nearly as bad as, being a liberal.