A nonsmoking father moved for a temporary restraining order to forbid the smoking mother from smoking around the children. On June 18, 1997, the Court (Gould, J.) issued a temporary order whereby “[b]oth parties are restrained from smoking cigarettes and/or any other tobacco product in their residence or motor vehicles when the children are with them.” The parties executed a Separation Agreement on October 27, 1997, incorporating the language of the court’s June 18th order as well as the provision that “[n]either the Husband nor the Wife shall permit any other person(s) to smoke cigarettes and/or any other tobacco products in his or her residence or motor vehicle when the children are with him or her.”
No. 96D 1417 DV1-A, Suffolk (MA) Probate and Family Court (1997).