CALGARY - Oregon should be ashamed of itself for suing a Calgary woman to recoup the costs of keeping her son in care, says the woman's lawyer.

Daniel Mol said Monday that he is launching a countersuit against the U.S. state for Lisa Kirkman.

After a two-year battle, Lisa Kirkman regained custody of her 12-year-old son, who was sent to Oregon to spend the summer with his dad.

Not long after his arrival, the child was seized by social services because the dad did not have legal guardianship of the child.

Throughout the years, Kirkman was allowed only occasional contact with her son.

The state is now suing to recover $7,500 in medical costs and other costs for keeping her son in foster care.

"I want to say to the state of Oregon, 'shame on you, we know you have budget problems but do you really think you're going to fix them by going against a single mother of modest means?'"

The case starts Tuesday in a Calgary court. Mol said he plans to also take action against the federal government for what he calls its inaction in the case.

Noah was 10 when he was seized in 2008 during a summer spent visiting his stepfather, who wasn't considered a legal guardian.

The boy had been stopped several times by police for riding without a helmet and playing in areas he shouldn't have been.

Oregon officials said they became concerned when they discovered he had social services files in Canada.

But Kirkman has said the files were open to enable Noah to access mental health programs for his special needs, which include a severe form of attention deficit hyperactivity disorder.

She finally got him back in June.

(CHQR, The Canadian Press)