My ex boyfriend basically forced me into terminating a pregnancy (his child) when I did not want to. He made it clear that he would not have anything to do with the child as he already has 1 child from previous marriage. I of course wanted the baby as I did not agree on abortion. But I also have 1 child from a previous relationship that I do not recieve child support as father is in another country, so therefore cannot afford to raise 2 kids on my own. This was extremely hard for me to do as I love kids and work with them. My Ex is now harrasing me asking me for money back for which he gave me at this time for assistance and is threatening to sue me for it ($1200). Can I sue him for harrasment and pain and suffering as I feel I need some sort of counseling after having the abortion? Or am I just being silly and stand no chance at all? All answers will be greatly appreciated. Thank You
2007-01-10 06:52:43 · 10 answers · asked by beachgirlusa 1 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
Tell him to go ahead and sue you if he wants his money back, and otherwise to stop harassing you or you will call the police and have him charged.
In court the onus will be on him to prove that the money he gave you was indeed a loan and that he fully expected to be repaid.
The only real way to prove it is by producing documentation signed by you stating that you would repay the loan and on what terms. If he gave you the money while you were in a relationship it will probably be considered a gift and not repayable. That's what Judge Judy usually says anyway!!
I wouldn't bring up the issue of the abortion at all in court. It is another issue entirely. You can't sue him for that because no one can force you to have an abortion. You made the final decision based on ultimatums he gave you, which were terrible ultimatums, but ultimately, you decided to abort.
It sounds like you're better off without him anyway, he sounds like a b@stard.
Good luck!
2007-01-10 07:39:25 · answer #1 · answered by LindaLou 7 · 0⤊ 0⤋
You can sue anyone for anything you like. However, this is not a case you will win. You would have to prove some sort of financial loss as a result of the decision he coerced you into making. You may be upset about the decision you made, but ultimately, it was YOUR decision. It's a shame that you feel the regret you feel, and I urge you to seek counseling rather than letting it eat away at you, but there is no legal ground for you to stand on here. And to sue him for this would be a frivolous use of our legal system.
2007-01-10 07:01:54 · answer #2 · answered by Megara 3 · 0⤊ 0⤋
Sadly, I doubt you can sue him for making you abort. If you went to an abortion clinic and all, then you did it yourself. As nobody can literally, physically force you to abort legally, the courts will see it more as you giving into something like peer pressure.
You may be able to sue him for harassment. But I'm not sure...
Sorry about what you're going through. But since you technically willingly had an abortion, the courts will be on his side.
2007-01-10 06:58:27 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Unless he punched u in the stomach causing you to abort or fed you some concoction consisting of poisons that aborted the child, you have no case because you voluntary succumbed to his pressure and went through the abortion yourself.
As for your ex-patriated baby father, most countries have agreements with Canada's government in regards to child support payments... although the payments may be smaller depending on where he's living and how much he makes relative to our economy..
2007-01-10 07:11:32 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If he gave you the money and didn't tell you he expected to be paid back, you owe him nothing. You probably can't successfully sue him (I mean, you always CAN sue him, it's whether you'd win that matters. In this case you'd just waste a lot of time and money).
But, you may be able to get a restraining order that will keep him from calling you and talking to you. If he sues, let him. He doesn't stand a chance.
2007-01-10 07:02:07 · answer #5 · answered by sspade30 5 · 0⤊ 0⤋
Well, technically he can't force you to have an abortion--so I think the pain and suffering part, the judge would not grant anything for. Now the harrassment is another issue--you should definitely seek legal advice for that and maybe you have a case there.
2007-01-10 07:03:21 · answer #6 · answered by ♥Sodas♥ 6 · 0⤊ 0⤋
Try to move past it and forget about him. Let him sue you if he wants to. He would have to prove that he made a loan to you, and that you agreed to pay it back, and unless he can do that, he won't get a cent. Otherwise, do not talk to him anymore. Let his lawyer call your lawyer if that how he's gonna be, but don't waste another second of your time talking to him.
2007-01-11 08:57:53 · answer #7 · answered by Emily O 3 · 0⤊ 0⤋
I doubt you can sue him, however I wouldnt pay it back and if he files a claim in court, I would file a counterclaim for harrassment and the judge will probably throw it all out.
2007-01-10 07:42:39 · answer #8 · answered by Jelly Beanz 2 · 0⤊ 0⤋
I am not really sure ... call around and ask some layers who give free advice and go from there.
I don't understand how he "made you" have an abortion ... it is your body. Anyways ... best of luck.
2007-01-10 06:59:55 · answer #9 · answered by ♥just me♥ 5 · 0⤊ 0⤋
HI, IF YOU DID NOT WANT THE ABORTION. YOU WOULD HAVE NOT GOT THE ABORTION. BUT IF YOU DID NOT WANT THE ABORTION AND HE REALLY TALK YOU IN TO IT. THEN MAY BE YOU CAN TAKE HIM TO COURT. HE SHOULD NOT BE HARASSING YOU FOR THE MONEY BECAUSE YOU GAVE UP THE BABY AND HE HAD TO PAY FOR IT. I FEEL FOR YOU GOOD LUCK.
2007-01-10 07:17:39 · answer #10 · answered by Anonymous · 0⤊ 2⤋