How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Parental responsibility query

Customer Question

I am separated from my child's father and have been for a year. My boy is 19 months old and currently stays with his father two nights a week. This has been working fine however now my ex tells me he is moving in with his brother and expects the same access. This would be fine but his brother smokes like a chimney inside of the house. I do not agree with my children staying there. My ex has told me that his brother won't smoke in the house when they are there but I don't believe it. They stayed there last week and my son came home stinking of fags. I had to bathe and change his clothes. What can I do about this? I don't believe that his brother will stop smoking in the house. We both have PR as he is on birth certificate.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
Does your son have a weak chest at all?
Clare
Customer: replied 2 years ago.
He does tend to get coughs if he gets a virus. I had to take him to the doctors today due to a cough and appears he has tonsillitis. He stayed at his uncles Christmas night and Boxing Day night
Expert:  Clare replied 2 years ago.
Hi
Did you ask your ex about this.
Clare
Customer: replied 2 years ago.
Yes, I have discussed the situation with him. He thinks that I am making a fuss. He thinks it's ok for his brother to smoke in the kitchen when my son is in bed as long as he's not smoking in the house when he's downstairs. The smell from the house was very strong when I picked him up and it was clear that his brother had been smoking prior to my arrival.
Expert:  Clare replied 2 years ago.
Hi
Sadly this is not an easy one.
If your son had Asthama the it would be more straightforward - no one could dispute that he should not be exposed at all
As things stand it is less straightforward
I agree that it is less than satisfactory and it is not good for the health of your son.
One option would be to ask your Health Visitor to speak to you both - or even just to him to explain the problems that this could bring.
You should try and discuss this with him using Family mediation.
If you are not able to agree then you may try and withhold contact - but there is no guarantee that the Court will back you if the brother does not smoke in front of the child
Sorry not to give more conclusive assistance - please ask if you need further details
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions