Newspaper article Coffs Coast Advocate (Coffs Harbour, Australia)

First Case to Ban Parents Smoking in Front of Children

Newspaper article Coffs Coast Advocate (Coffs Harbour, Australia)

First Case to Ban Parents Smoking in Front of Children

Article excerpt

ILAW

MICHAEL ADENDORFF

IN A recent family law case the court was asked to decide whether the parents were allowed to smoke in the presence of their child.

The judge ruled they must use their best endeavours to ensure the child was not brought into contact with cigarette smoke and remove him from the presence of cigarette smoke.

This case is the first of its kind in Australian law and the underlying facts and reasoning of the case are quite interesting.

This six-year-old child was in the primary care of his mother for all of his young life and recently the father applied for custody.

The parties disagreed about many of the child's aspects of life including whether he should be immunised, what food he should eat, where he should go to school and whether he should be further tested for allergies. The mother believed the child had allergies, specifically an egg-based allergy.

The mother and father did not agree about whether their child suffered from food allergies or intolerance. …

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