The First Section of the Provincial Court of Córdoba has removed a joint custody of their two children to a father for exposing them "constantly" to the smoke of their cigarettes. The court has upheld the appeal of the mother of children, ages 10 and 13, against the divorce decree and has admitted replacing the shared custody and custody regime for a maternal custody.
The parent's appeal alleged that the previous situation did not respect the interests of minors, something that always has to be preferred. The judge has taken into account that the children allude with great concern that they have to face "to an environment charged with smoke". The children of the couple give data that show "the little interest that his father has in preserving them from the objective risk of being in a smoke-laden environment", according to the TSJA.
Judge Pedro Roque also notes that the eldest son described in a very graphic way that he slept in the air-conditioned room after his father had smoked there. The magistrate estimates that the attitude of the father puts in "Dangerous situation the health of minors absolutely irresponsible and without looking at anything other than his addiction. "
The court explains that "it would not be logical for minors to not be protected in their home from what society takes great care to protect in public places," referring to the awareness about smoking.
Finally, the court sets a regime of visits and stays in school holidays in favor of the father, but "with warnings arising from the risk to minors of smoking in their presence in enclosed spaces as they have been doing up to now".