Canada Family Law
Have a Canadian Family Law Question? Ask a family lawyer.
Hello, thank you for the question.
What province are you in?
Can you give me some more details? General questions are difficult to answer.
Is this a case where you believe that you're not the father, but now there's a custody/access/support order or written agreement in place? If so, when was that made?
How do you know that you're not the father? Or do you just have reason to suspect so now?
You can certainly try. But it's not enough to prove that you're not the father, you'd have to show that they all knew that you weren't the father at the time. That's a higher bar as far as evidence goes.
It's certainly possible, but rarely done. That doesn't mean that it can't be done.
Absolutely go see a good civil/family lawyer and talk this over with them, ask what they think are your odds of success, look over the evidence you have, and talk about taking you on as a client. The best way to find a lawyer is to ask family and friends for a recommendation, or there's a good website called lexpert which lists lawyers and other professionals by city and area of practise, that'll give you a shorter list than simply hitting the phone book.
Your damages will be determined by what losses you can reasonably attribute to the actions of the defendant. I can't tell you how much to sue for, your lawyer will have to go over the various options with you in detail.
Anything else about this to discuss? If I've answered you I'd appreciate a positive service rating please.
Your evidence that they knew at the time that she wasn't the mother, but didn't tell you. Perhaps you have correspondence or witnesses to that effect.
You're asking me whether these emails are good evidence as to whether or not she knew that you weren't the father? It's a start, but doesn't absolutely prove it. Better is if she she wrote to you or someone else that she knew or had good reason to believe at that point that you weren't the biological father.
You want me to tell you that you're going to win. I can't do that. And with the time that's gone by, you're less likely to win even with that evidence.
But gather your evidence and go see a good civil/family lawyer near you for a proper consult.