#SmallClaims #LegalFees #ParentalAbduction #AttorneyAid #FamilyLaw #InternationalAbduction
Can you sue your ex’s attorney in small claims court for aiding in the abduction of your children to Vietnam? It’s a complicated and emotionally charged situation, but let’s break it down and explore the possibilities.
## Understanding the Situation
### The Background
You find yourself in a heartbreaking scenario – your ex has taken your children to Vietnam without your consent, and the attorney who crafted your Parenting Plan seems to have played a role in facilitating this abduction.
### Legal Complexities
We understand the frustration and desperation you must be feeling, as well as your desire to explore every avenue to bring your children back home. However, there are several important factors to consider before taking legal action.
## Exploring the Legal Options
### Small Claims Court
You are considering suing your ex’s attorney in small claims court to recoup the legal fees you have incurred and will continue to incur due to this situation.
#### Pros of Small Claims Court
– The process is relatively simple and doesn’t require extensive legal knowledge.
– You may be able to represent yourself without the need for a lawyer, which can save on additional legal expenses.
– It could potentially put pressure on the attorney and your ex to address the situation.
#### Challenges of Small Claims Court
– The limitations on the maximum amount you can sue for may not cover the full extent of your legal fees.
– The court’s jurisdiction and ability to address matters related to international abduction may be limited.
## Considerations Before Proceeding
### Legal Precedents
It’s essential to research precedents and case law related to similar situations before initiating legal action. Understanding the outcomes of past cases can provide valuable insight into the likelihood of success.
### The Role of Evidence
Your solid proof, including emails and certified letters, which demonstrate your attempts to reach out and your ex’s lack of response, can significantly strengthen your case.
#### The Attorney’s Defense
Consider the potential defenses the attorney may present, and how you can counter these defenses with your evidence and arguments.
### Potential Outcomes
Think through the possible outcomes of this legal action. While it could bring attention to the situation, there’s also the possibility that it may not progress as you hope.
## Seeking Other Avenues for Resolution
### Department of State Involvement
Given the international nature of the situation, consider reaching out to the Department of State to seek their assistance in addressing the abduction of your children.
### International Legal Support
Exploring the option of hiring an attorney in Vietnam to handle the case locally, alongside a competent attorney in the US, could provide a more effective and legally sound approach.
## Understanding the Risks
### Legal Backlash
Consider the potential repercussions of pursuing legal action against your ex’s attorney. It’s crucial to weigh the risks against the desired outcome.
### Parental Interference Charges
Seeking the guidance of a legal professional to understand the potential for pursuing charges of parental interference against your ex and the implications of doing so is essential.
## Concluding Thoughts
Navigating the complexities of parental abduction and legal accountability can be incredibly challenging. It’s advisable to seek the assistance of experienced legal professionals who specialize in family law and international abduction cases. While the desire to take swift and direct action is understandable, a considered and informed approach will better serve the pursuit of reuniting with your children and addressing the legal injustices you’ve faced.
It’s incredibly unlikely that you would have any claim against your ex’s attorney solely for their representation of your ex.
What is the factual basis of your claim? Is it the same as your prior post on this topic?
>If I lose I would at least potentially have my crisis known by the legal system and it could get the attention of the AG as a criminal case?
There is a roughly 0% chance that the AG will have any knowledge of your small claims case.
>Do I have anything to lose?
You could potentially be sanctioned for bringing a frivolous claim.
>I am trying to get anyones attention
If you’re trying to get the AG’s attention, contact the AG.
Nothing in the body of your post indicates that you even have the slightest reason to believe that the attorney “aided” him in this, nor is there any reason to believe that a US attorney would even be useful in helping someone relocate to Vietnam.
She’s not obligated to respond to your emails and letters, if she was, then any vexatious litigant could flood opposing counsel with letters to run up their opponents legal bills.
I don’t know why you blame the attorney for the behaviour of your ex, but they are not responsible.
Contact your local US senator or Congressman and the State Department (or the representative can do that on your behalf), and they will have advice regarding parental kidnapping of a child US citizen and the next steps you can take. The State Department can notify the US embassy/embassies in Vietnam, and they can coordinate a legal case against the parent that kidnapped the children, with the help of the local and national law enforcement agencies.
If you truly believe that an attorney violated their legal responsibilities then the action to take would be a complaint to the state bar association, I don’t know why you want to skip this step and go straight to small claims court…
> Can I sue my ex’s attorney (in small claims court) for legal fees I have and will incur
You don’t mention what state you’re in but among the other problems other people have mentioned it seems likely your claim would be in excess of small claims limits unless you decided to deliberately restrict yourself to the court limit.
Call the state bar. Report her if you think she has done something unethical.