[truthful]

Does anybody know the procedure for securing court costs? My ex from 12 years ago is taking me to court for enforced access (he has not seen my child in 10 years), and he does have access. I have a children's lawyer involved, and the bio father has been told he does not have a case, and yet still keeps pursuing... This is spite because of a garnishment of child support arrears... In the meantime, my family (husband and 3 children) are becoming financially drained from paying my lawyer, and this guy will not stop. We are now headed for trial... I was hoping someone would know the criteria for security of costs... does a 10 year arrears in child support (documented from the government through court order) apply as evidence in his lack of payment, enough to secure costs? Please help! Thanks!

[tawnynkids]

Since no one has answered you I wanted to try to respond at least although I can't give you the definite answer you are looking for. I am not sure anyone here knows that. I don't know about in Canada but any "court costs" awarded by a judge here in America is simply up to the judge. There are no guarantees. Usually, if any fees are awarded, the person who "prevails" in court is usually the one awarded any "attorneys fees" from the other party though.

[Fr_Chuck]

I guess I have to ask or question if he as access to the kids, why is he sueing ? Does he come over on Friday night to pick them up and you say no?? Or Saturday morning?

And no arrears is merely a reason you can sue him in court, to see if you can get additional money taken each week to pay for past arrears.

If the judge finds that you were not refusing him to see the children most likely you will get your cost ordered to be paid by him. but if the judge finds that there is evidence you have not allow him full visitation, not merely access tot hem.

So what is he asking for, and what have you allowed

[truthful]

Thanks for answering my question to the best of your abilities! First of all, this fellow who I am in court with has dropped out of my sons life since he was 2 years old... he is now almost 12! His claim is that I denied him access back in 1997, which I didn't. The judges are questioning his motive, 10 years later. The children's lawyer stated to the judge that he is not sincere about seeing my son, it is out of spite because of a garnishment on an inheritance occurred, aka back pay for child support (10 years ). Since court in 1997, I received custody, and he received access, and the responsibility of child support, which he never paid. My lawyer and the children's lawyer can see that his ultimate motive is to get back at me because of the support issue, not to see my son. The reason I question security for court costs is because lawyers are expensive, and as I previously stated I have a husband and 3 children, and we may end up spending the backpay on lawyers fees, and this was supposed to go towards my son's education. I just think that it is unfair for a guy like this to take me to court, and for a case he will most likely not win (according to the judge who has advised him of this), to take me to trial and drain my family's money. The only way he would give up is if I forced my son to see him, and my son refuses, and I don't blame him. My child is non-negotiable. I am hoping that the judge orders security for costs, for obvious reasons. I thank you for trying to answer my "crazy" question!! Thanks!

[Fr_Chuck]

Of course the judge may order you to have your son set up vistis, most liekly not, but understand it is possible that perhaps even supervised, so when you say the chid is non negotiable, if the judge orders it, and you don't send him to visit, you can be held in contempt of court.

The one thing I learned years ago, family court does not have to make sense, it does not have to be right, or fair or just, and you can never know what the judge is going to do.