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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116707
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My question is about ex smoking within 24 hours of visiting

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My question is about ex smoking within 24 hours of visiting our child. We have a infant. It is written in court agreement that he cannot smoke 24 hours prior to coming for a visitation. He smells of smoke coming through my door. Obviously I cannot prove without surveillance that he is smoking (which I am NOT considering) but is there anything I can do? I don't like smelling it and I don't think our child should have to smell that either.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

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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Customer: replied 3 years ago.

What would they do if a contempt was sought and proven?

Thank you for your response.

On a first instance of contempt, they would generally warn him and make him pay your court costs for having to go back to court. However, these contempt cases build on each other and court sanctions get progressively worse if a person continues to not comply, but you have to begin somewhere and if you do not file in court (assuming you have the witnesses) then the court will not take it seriously as you want it taken.
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