Your first step is to talk with your children and explain that vape pens are potentially dangerous to children and outline rules around vape pens. For example, let the children know that they should not use the vape pen if they see a vape pen and should give it to a parent.
Ideally, you and your ex should have a joint discussion with the child in question to present a united front. Your second step is to talk to your ex about the child’s access to vape pens. There’s a good chance your ex knows that children shouldn’t be using vape pens and has left their vape out and within the child’s reach accidentally. In which case, calmly ask your ex to ensure that their vape pen is not placed where your child can gain access to it.
Vaping can cause significant damage to a child’s developing lungs, and it may lead to nicotine dependence if use is ongoing. If the vape pen incident was a singular occurrence, and you do not have concerns about the child’s safety in general during visitation, talking to your child and your ex is the best option.
If, however, you are concerned your ex is not providing a safe environment for your child during visitation, and you decide to escalate the matter, the court will treat your concerns seriously and investigate any allegations. Taking the issue back to your divorce judge to prevent your ex from letting the child vape is definitely your best option in such a case.
Seeking a local divorce lawyer to help argue your case will be the next step. A family law attorney is the type of lawyer you need to retain, not a bankruptcy lawyer in Birmingham, Alabama. However, you can go before the judge yourself and not hire a lawyer, but you will need to present the evidence in a convincing way.
Can you call the cops on your ex if they are letting the child vape? Possibly, but taking them back to Court in addition to getting a police report filed would get the point across to your ex.