British Columbia

B.C. woman wins right to sue children for support

A Kootenay woman suing her adult children for support has won the right to have her case heard in B.C. Supreme Court, after three of her children applied to have the matter dismissed.

A Kootenay woman suing her adult children for support has won the right to have her case heard in B.C. Supreme Court, after three of her children applied to have the matter dismissed.

Justice William Ehrcke ruled on Tuesday that Shirley Anderson's case for parental support can be heard, but if she continues to ignore court orders that right will disappear.

The justice gave the 73-year-old Trail resident one last chance to produce financial statements by Dec. 2 and then present herself to her lawyers for discovery hearings by the end of January. 

Anderson first went to court in 2000, seeking $750 a month from her five adult children, but they objected, citing years of alienation. But Anderson won a court order granting her $50 a month total, split amongst five children.

The matter appeared to end there, until it was resurrected again in 2008, by her son, Ken Anderson, a logging truck driver with two teenagers of his own.

He argued he shouldn't have to pay anything because he was abandoned by his parents when he was just 15 years old. His mother has disputed his claims.

A rarely used section of B.C.'s Family Relations Act says adult children are responsible for legally supporting parents who are "dependent on a child because of age, illness, infirmity or economic circumstances."