Legal Question in Family Law in Canada

Re: visitation rights

The law and how questions such as this are treated are dealt with differently in different Provinces. As the questioner has not indicated in what Province she or he resides, it is dificult to answer the question. However, it is always correct to say "don't smoke inside the house, at all, anywhere". Second-hand smoke has a way of lingering on clothes, hair, etc., and finds its way out of a "smoking room" into the rest of the house even when the smoker thinks it can't be detected. The choice is really quite simple you can

1. avoid what could be a costly battle and don't smoke anywhere inside or outside the house from the day before a visit until after the visit is concluded, and after stopping smoking pending the visit, shower to remove all smoke and lauder any smoky clothes , or

2. continue to smoke as you have done, and risk a court battle that could see you spend several thousand dollars in legal expenses - quite possible $10,000 or more.

As to the dogs, house train them, and ensure the house is clean at all times. You can hire a social worker in private practice to examine your house and prepare a report on whether or not it is appropriate for an asthmatic (or any) child. You can then provide a copy of the report to the mother to accomplish 2 things: to try to allay her fears of your home (if indeed her expressed concerns are really about the child's health and not just an excuse to curtail access) and to provide a basis to defend your position in the event you do end up in court.