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NorPlan · Oct 2, 2014, 08:17 AM

Curious is all, Family Member legally Separated and would like to File for Divorce.. Circumstances are such Funds are limited.. They have gone to Legal Aid seeking Financial Support from the other Party to raise 2 teenagers still along for the ride, both of whom have Wisely on their own choose to stay put.. The Other Party is out of Province therefore Legal Aid has said they will Not go After the Individual to have them send Financial Support, Is That So? A few Lawyers have been approached but they all want a minimum $3,500. Retainer before acting on the Plaintive's Behalf.. Plus the total Lawyers bill could reach $35,000. +... Sucks when I know the other Party knows they Don't have the Money to Pay for a Lawyer...

AK lawyer · Oct 2, 2014, 10:17 AM

... The Other Party is out of Province therefore Legal Aid has said they will Not go After the Individual to have them send Financial Support, Is That So? ...

If an attorney, including one from legal aid, declines to represent you, that is the way it is. Yes, it's unfortunate, but I would be curious to know what difference it makes if the defendant of out-of-province.

It appears the spouse wanting divorce &/or child support will have to figure out how to do it himself/herself. Check with the clerk of court (I think the official is called a protonotary in some parts of Canada) to see if there are fill-in forms available. Also, there may be an agency which will pursue child support on behalf of a custodial parent, but will not represent the custodian in a divorce. You might look into that possibility as well.

tickle · Oct 2, 2014, 10:30 AM

AK, Legal Aid is Provincially bound, say for Ontario only. Other Provinces would have their on Legal Aid.

NorPlan · Oct 2, 2014, 10:41 AM

Originally Posted by tickle

AK, Legal Aid is Provincially bound, say for Ontario only. Other Provinces would have their on Legal Aid.

That's what I'm hearing.. Unfortunately there's a few Provinces between too.. And being the adage "You can't get Something for Nothing"... Seems like one would have to submit to a lot of leg work or self help to cut the cost of pursuing.. And the Distance between , you're here they are there.. Getting a Court Appointed Clerk to Serve.. Well anyway I'm sure you get my point.. Thanks

Further the Other Party as far as we know still maintains a Resident Address here in the East , but When or If they will Return Physically that is a Big If..

AK lawyer · Oct 2, 2014, 12:36 PM

Originally Posted by tickle

AK, Legal Aid is Provincially bound, say for Ontario only. Other Provinces would have their on Legal Aid.

So? That is exactly how legal aid (or the courts that decide family law matters, and the private practice of law also, for that matter) works in the 'States. But my point is that a legal aid society or agency in one province can easily cooperate with one in another province. That is why I was wondering why they say they can't help. My guess is that they don't have the desire or capacity to serve this particular client, and that was the excuse they gave.

I don't know what the rules are for serving process out-of-province, but my guess is that it is not that difficult. Many US states allow it to be done by certified mail, or by a process server authorized to serve process by the laws of the state where defendant is located. And police agencies will serve process for legal aid without charge, in many areas. I'm guessing that Canadian rules are similar.

And getting a process server in another province to serve the defendant with process shouldn't be a problem either. There's this thing one of our former VPs invented a few years ago. Its called "the Internet". Goggle "Process Server (or whatever they are called in Canada) Alberta (or whichever province defendant is in)", and contact that process server.

NorPlan · Oct 2, 2014, 01:39 PM

Originally Posted by AK lawyer

And getting a process server in another province to serve the defendant with process shouldn't be a problem either. There's this thing one of our former VPs invented a few years ago. Its called "the Internet". Goggle "Process Server (or whatever they are called in Canada) Alberta (or whichever province defendant is in)", and contact that process server.

As the Parent I can only make Inquiries and be Diplomatic about it.. lol.. Circumstances are such that Life has to keep on going, To take the Time and even find the necessary funds to undertake all that is required can be a Truck Load of Stress... Frankly when Push comes to Shove we'll get Better More Concrete Guidance & Answers.. Cheers Thanks...