Ask a Lawyer: Child and Family Services

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Child welfare

Jeff SMITH (Calgary)

My ex wife is wanting me to sign consent forms by Monday at noon from her lawyer or its going to court mandate and the letter says I have to pay. My going to court TUESDAY for a court to hear my side and see what can be done for a psycharist evaluation. Can I be forced to pay for something that isn't in the best interests of a child

0 3 months ago

Anonymous Lawyer (Calgary)
   Verified Lawyer

It is not clear from your post what you are being asked to pay for. If it's child support, then parents do have to financially support their child. If it's litigation costs, that sounds like a lawyer's threat. If you have a concern about your parenting time or that the child is being influenced by the other parent, you may ask the Court for a report from a psychologist. Be prepared to share the cost. Most court appearances require an Application and Affidavit from one party followed by a Response Affidavit from the other party (or depending on which Court, a Claim and Statement followed by a Reply Statement from the other party). I am not sure you can just "show up" in a courtroom to make submissions but perhaps Court is already scheduled. If you are being reasonable, and supporting your child, then any threat re costs is unlikely to be realized. Under the Professional Code of Conduct which regulates all Alberta lawyers, counsel must act courteously to a self-represented party without being obliged to provide legal advice to that person. Threats re costs should only be directed to vexatious litigants not parents who have a right to be concerned about their children.

0 3 months ago

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