Legal Question in Family Law in Canada

can she do this

My ex left the children in my care 8 years ago when she moved away from them for 3 years. We had a custody agreement stating I was primary resident parent. She returned to town and took me to court for shared custody. We did not go to trial and she agreed to let me continue to have primary residence and a new order was written up outlining her access. A clause on the order states that The Order can be reviewed by either party any time after April 2011 upon reasonable notice. However, my ex is threatening to take me to court to have it changed sooner, and there is no change in circumstance. I am now having to pay a lawyer, can I apply to have her pay my legal fees ? And is she in contempt of the court order for taking me to court before 2011 when there is no change in circumstance? How can I protect myself financially and emotionally from my ex who took me to court before and wants to take me to court again, only a year and a half later. Can she continue to take me to court? I cant afford to keep fighting her.


Asked on 6/27/09, 2:29 am

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: can she do this

In British Columbia, she can continue to take you to Court; while it is dubtful she will be successful, she can continue asking a Judge to change the Order.

As to your fees, no you can't ask for "feees" as such. However if the case is in the Supreme Court of B.C. assuming you are successful, mot of the time, you will be awarded "costs" which are a contribution provided for in the Rules of Court towards your legal expenses. Often a Judge will not allow further applications to be made until previous costs are paid. You can not get an Order for costs if the case is in the Provincial Court of B.C.

Read more
Answered on 6/27/09, 4:39 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Canada