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    blkwdwchic's Avatar
    blkwdwchic Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 14, 2011, 10:57 PM
    How to take the father of my 2 children to court when he lives in the USA?
    Hello
    My 2 children are 8 & 9 soon to be 9 & 10, the father has ran off to the states when they were 2 & 3 after we split. After he's giving me a hard time with helping out with birthday, school year clothes, and xmas.. I decided I want to take him to court. I can go through legal aid but they rejected me twice because I own a home (worth only $10,000.00)and I didn't have his address. I have his address and a job now.. does anyone know a simpler way to get him? I really hate to go to legal aid just to be rejected. Anyone have any simirlar stories? Advice? Good lawyers hahah... I live in Manitoba. Thanks
    tickle's Avatar
    tickle Posts: 23,800, Reputation: 2674
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    #2

    Feb 15, 2011, 03:47 AM

    I am thinking that he is pretty well protected while he lives in the USA. Anyway, suing someone long distance is almost an impossibility. How would each of you appear in court, and in any event, the lawyer's fees would be astronomical. I know of legal aid, I live in Canada. They would never have the resources for this and in any event, wouldn't take it on even if you didn't have a house. Sorry.

    Tick
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Feb 15, 2011, 04:43 AM

    You will need an attorney. You can probably file suit locally and, if he doesn't show up, you will win by default. The problem will then be collecting. I'm not sure what reciprocal arrangements Canada and the US have in regards to child support. Your attorney can tell you.

    But I think its still worth filing and getting a support order issued. If he ever returns to Canada, he can be arrested until he pays.
    blkwdwchic's Avatar
    blkwdwchic Posts: 2, Reputation: 1
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    #4

    Feb 18, 2011, 07:04 PM
    Comment on tickle's post
    Oh yea, he's also using an ontario address to collect family allowance.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #5

    Feb 18, 2011, 09:27 PM

    If the children are living with you, you file where you live, so you file for custody ( if you have not already) and file for child support.
    cdad's Avatar
    cdad Posts: 12,701, Reputation: 1438
    Internet Research Expert
     
    #6

    Feb 18, 2011, 09:53 PM

    And send all paperwork to the Ontario address.

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