My ex smokes around daughter with asthma?

I have asked my ex to stop smoking around DD. She always says she wont smoke near her (or has told me many times that she has quit smoking) but my daughter cont. to come home not being able to breathe bc of being smoked around...can I file child abuse charges since she KNOWS this is especially harmful to our child with asthma or is there really nothing I can to put pray that my daughter doesn't have a major asthma attack while she is visiting her mom