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It sounds like you already realize that surveillance is a bit overboard, but I am afraid you will either need that or you will need some witness to testify that he has smoked within 24 hours of the visits. Unfortunately, smelling cigarette smoke is more noticeable to those of us who do not smoke and many of us are more sensitive to it than others, according to the courts, so just your word he smells like smoke does not really prove he was smoking within 24 hours (you and I both know that with smokers, the smell gets in their clothes and even in their homes and never goes away). Thus, you do NOT need surveillance, but you would at least need someone to testify as a witness they saw him smoking within the 24 hour time the court agreement says he cannot smoke prior to the visitation to win a case against him for contempt of that order.
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