You certainly can file suit against your ex-husband on behalf of the children if the children are minors. There may be some issues with getting yoru ex-husband served if he is out of the country and collecting the judgment will be even more difficult unless he has assets in this country. However, he is legally liable for his actions and the damage caused.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
Mr. Harkess provided you with excellent advice, as always. I agree that you can sue. However, you have to see as to whether it worth the costs and fees in suing him and whether he has the money to pay for it. He might be judgment proof. Additionally, you might have serious issues with him being out of country.
First, I am sorry you find yourself in this predicament.
Second, if this man is indeed to be prosecuted -- and assuming he is in Colorado for a prosecution to its completion -- you have a right to ask for restitution that may include the costs youa re talking about.
Third, pursuing money damages against him on behalf of the children is possible, but finding counsel to represent you in such an endeavor, as most attorneys are going to want to be paid along the way with such a suit.
I wish you luck. Perhaps the good news is that he is gone and out of your lives for the time being -- and perhaps forever.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.