A court ordered parents not to allow anyone to smoke in the child’s presence.  Three children were in the custody of their mother when their father filed a petition to modify the custody.  He argued that the health of one of the children was endangered due to the “continual contact with direct and passive smoking.”  The mother denied that she smokes around the children in the house.  The court refused to allow the children to testify and refused to change the custody.  The father appealed; the Supreme Court of Montana affirmed the decision.

837 P.2d 407 (Mont. 1992).