My child was abducted...

[ACFerguson]

...by his mother over 20 years ago. She had moved a couple of times before this and I managed to locate her through friends. She fainally dissapeared and I was unable to find her and my son about 20 years ago. A couple of years ago, I found my son on a social networking site and he came to visit me and my family. It was amazing how well he and my other two childeren got along. We learned that his mother had remaried a man with the same last name as her's (and my son's) and that they had lied to him and let him believe that this man was hi biological father. He has a 1/2 sister (whom he believed was his full sister) who discovered some photographs when he was 15 years old, which led to some questions of his "parents". It was finally admitted to him that this man wasn't really his biological father. However, they refused to tell him who I was. After finding my son, my ex-wife found out that he and I were in contact. She began a lawsuit to get me to pay her all of the child support that was never paid. I had a lawyer who recently developed serrious health problems and can't manage his clients any more. Thus, I need to find a new lawyer ASAP. However, I need someone who is familiar with cross-provence family law issues. If anyone has any suggestions, I would love to hear them.

Thanks for your time

Tony

[representingself]

OMG... she took off with your son.. lied to him about his parentage and your existence and NOW she wants years of retroactive child support?

I feel nauseous!

That's just wrong!

[anonymousmom]

After finding my son, my ex-wife found out that he and I were in contact. She began a lawsuit to get me to pay her all of the child support that was never paid. I had a lawyer who recently developed serrious health problems and can't manage his clients any more. Thus, I need to find a new lawyer ASAP. However, I need someone who is familiar with cross-provence family law issues. If anyone has any suggestions, I would love to hear them.

Thanks for your time

Tony

pretty positive the law states that she can only go back 3 years. Regardless of that... No judge in their right mind is going to award retroactive child support especially for a child over 18 of which would have most likely stopped receiving CS 3 yrs ago anyway.

Congrats on finding your son!

[ACFerguson]

At this point in the case, an Alberta court has awarded her the full amount (apx. $55,000). However, reviewing the court transcripts, they out-and-out lied about things and changed what my lawer had sent to the Alberta court. The judge obviously never read what my lawer had sent in, otherwise, he would have called them on this. Now, I need to appeal (or Challange?) this here in Ontario. So, it would seem that this judge may not have been in his right mind; however, he certainly blew our minds when we received the court order. And now, the FRO has sent letters to my employer and the government to take up to 50% of my wages and any monies owed to me from the government. And, now my lawer has health issues...

Neither my son, nor I are big talkers, but I call him on the phone every month and we chat. I was very happy to have found him!

[anonymousmom]

I know its not ideal...but have you considered submitting an affidavit from your son? Something stating that his mother alienated him from you...or along those lines.

The Alberta judge is an idiot and all retroactive cases in Alberta are, for some stupid reason, always awarded. I hope the decision is over turned during your appeal.

And this woman should be ashamed of herself!

[ACFerguson]

My son stopped living with his mother and her family when he was 17 years old. He is quite bitter about being lied to for 15 years and that they refused to provide him with even my name. He swore an affidavit to my lawyer afferming the details I've mentioned already. Now, it doesn't specifically state that his mother alienated him from me, but given the situation, that should be obvious to anyone (well, except the Alberta judge).

Yes, she should be ashamed of herself, but I'm sure she's not. I can uderstand her trying to get some money (greed does that), what I find most disturbing are the blatent lies and missrepresentation of the information my lawyer had sent to Alberta and that the Judge clearly didn't even look at it.

[billiechic]

Have you contacted the media, local MP, anyone? This is a story that SHOULD be brought into the open. Your child was stolen from you and she wants you to pay?? She should have been convicted of kidnapping!!

[nixster]

AC,
I think you should pursue a criminal charge against your ex for kidnapping!
The police know her address now! You should go and file a report, if the police decline to press a charge, you can go get a lawyer and go to a JP to have her charged.

[ACFerguson]

I should have done this twenty some years ago when she absconded with him. However, I was only 20 and quite naive. I had asked my lawer about sueing her. not for the money as I would state in the legal documents that I would want the money to go to some charity, but because what she did was so very wrong and what she is doing now is so very wrong. However, my lawyer didn't think it would hold up. I don't know if there are any limitations on how long you can let time go before reporting a kidnapping.

[Simplicity]

A few suggestions for you:
About the kidnapping and having an official record made of it, you could contact the spousal assault unit of your local police service and see if one of the officers there might be able to help you. Just having some kind of official record might help you feel better about the wrong that you have experienced.

About your wife's lawyer: you seem to suggest that this person tampered with your lawyer's documentation and presented mistruths to the court. If you think they have done something wrong, you could submit a complaint to whatever Bar or Legal Associations that they are linked to.

About the Judge in Alberta that you think did not even read your lawyer's documents properly, you could contact the Canadian Judicial Council to see if they are the appropriate organization that you could make a complaint to. They deal with federally appointed judges. If they tell you that they are not the relevant agency for this ask them who is.

The National Judicial Council might also have suggestions about how the situation might be put right.

About getting legal representation now (as you are indicating that your lawyer is unwell and unavailabe to you) you could contact the Law Society of Upper Canada for their half hour consultation service. For a very modest sum that will appear on your phone bill they will provide you with a lawyer's contact information, In requesting them to select a lawyer tell them clearly that it would be really helpful if they can find a lawyer who not only practices in Ontario but is also at least familiar with, and ideally able to practice in, the province of Alberta.

Hope this is helpful. Congratulations on connecting with your son!

[ACFerguson]

thank you. I'm very happy to have found him again, despite all of this legal stuff.

Your suggestions are wonderful. When I have a new lawyer, I will be speaking to him or her about all of the suggestions that people have offered on this forum.

I have about four possibilities for a lawyer right now. If nothing comes from this by tomorrow, I will take your advice and contact the Law Society of upper Canada.

Thanks!

Tony

[Simplicity]

Thanks for your reply. Arising from it, just one more suggestion. Before you speak with your 4 legal 'possibilities' it might be better to contact the Law Society of Upper Canada half-hour service first. They should be able to help you with forming questions to pose to the lawyers that you are considering approaching. You are dealing with a lot of issues and they should be able to help you to approach them in the most productive way possible.

Of course you are totally free to first approach your 4 lawyer 'possibilities'. But once you have retained a lawyer, then the LSUC half hour for $8 (or something similar) will no longer be available to you.

Good luck!

[ACFerguson]

That's a solid suggestion! I will look into it tomorrow.

Thanks again.

Tony