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If opposing lawyer was informed by their client, that I am

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not the biological father to...
If opposing lawyer was informed by their client, that I am not the biological father to the daughter. Does that lawyer have to disclose that information to me, if I ask him to ? Ontario
Submitted: 1 year ago.Category: Canada Family Law
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Answered in 11 minutes by:
6/9/2016
Family Lawyer: ulysses101, Lawyer replied 1 year ago
ulysses101
ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3,666
Experience: Over 10 years litigation experience in family, criminal, and civil law
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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?

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Customer reply replied 1 year ago
Both my lawyer and the opposing lawyer vehemently dissuaded from getting a court ordered DNA test. Other than a court ordered DNA test the is a preponderant amount of evidence that says I am not and the the mother and others have know from day 1. If I were to sue the mother and others that worked together is this 14 year scam. What could I sue for as I have lost everything from finances, to health, to job, to reputation. apparent friends, status as a person of canada. and the f**king tremendous and devastating emotional, psychological turmoil of living some elses lie every day for the last 14 years, and they knew all along.
Customer reply replied 1 year ago
sorry for the spelling and poor grammar
Family Lawyer: ulysses101, Lawyer replied 1 year ago

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.

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Customer reply replied 1 year ago
CustomerWhat is considered good evidence? What if the child has known for the years now?
Family Lawyer: ulysses101, Lawyer replied 1 year ago

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.

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Customer reply replied 1 year ago
HICustomer
Does 42 emails hugs and kisses with the other guy provide good evidence. Is that evidence more than enough. I have more but that come from her taking the stand. or she doesnt have to to at the stand.
Family Lawyer: ulysses101, Lawyer replied 1 year ago

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.

Anything else?

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Category: Canada Family Law
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