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Old 09-03-2013, 02:00 PM
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Quote:
Originally Posted by involveddad75 View Post
Assessors are only given roughly 20 hours to conduct a family assessment.
Private assessors are similar in that they only really spend about 15-25 hours with the parents and more often than not less time with the most important people in any custody and access "assessment" - THE CHILDREN.

A 45 minute in-home assessment by OCL / Section 30 can turn into effectively 20 pages of nonsense. How in 45 minutes can someone determine the parent-child/ren dyad?

Also, what impact does the court matters have on the family that is under "investigation"? I always find it interesting that the expectations of these assessments that the parents will be without stress which would have a reciprocal impact on the subjects being studied. I have not seen one assessment properly address the question that Justices ask quite often in case law:

What impact does this whole court proceeding have on the two parents in dispute? Is what we are seeing here in the assessment really two people thrown into an unnatural adversarial system (court) "fighting it out in court" really these people or what the "system" has created of them? How much of the nonsense is driven by the anxiety that naturally comes with any custody and access dispute?

Quote:
Originally Posted by involveddad75 View Post
It's not through, it doesn't look under the skin.
In fact, most of them focus on completely irrelivant materials and create piles upon piles of additional irrelivant material. I have heard a number of justices tell both clients in a matter that no judge will sift through a 200+ page custody and access report.

I have pulled 30 files for which a private assessment was done. Of the 20 assessments all were over 150 pages. Of the 150 pages, only a fraction of the content was referenced by the justice in making the final order. In fact, for most situations only 5-10% of the assessors recommendations were considered or implemented in any contested access dispute I have seen.

You will hear from these "assessors" quite often the most egocentric statements such as (for example):

"I have done about 200 of these assessments and the judge always goes with my recommendations."

In my observation, statistically (based on my 30 case viewpoint) the vast majority of justices don't implement the vast majority of the recommendations from assessors. They almost always change them significantly... So much that it makes me wonder why people don't always just challenge the position of these "experts".

Quote:
Originally Posted by involveddad75 View Post
Generally from the reports I have from the people on here who have shared privately and those I have helped. The report is simply a restatement of what the parents say about each other.
I can confirm the same on my review of case files I pull. Generally, the assessor wastes a significant amount of time re-stating what has often been alleged in an affidavit. What is more shocking really is that they try to assess the "truthfulness" of the two parties which is well beyond their mandate to assist the JUSTICE whom is the only person whom can try a fact as a fact.

As soon as an assessor makes an assessment or statement that they believe one party over the other they are identifying their bias. I have not seen a single report from OCL/Section 30 that isn't biased against one (or both) of the parents in some way.

Quote:
Originally Posted by involveddad75 View Post
Slanted in one direction or the other.
I have seen the same thing too.

Quote:
Originally Posted by involveddad75 View Post
In my case a 50/50 fully involved father, being recommended to have 38% and sole custody to mom.
Truisms explode out of this statement... It is unfortunate but, you challenged the report and like I have seen time-and-time again, if someone challenges the report the justice will order totally opposite to the recommendations of the OCL/Section 30.


Quote:
Originally Posted by involveddad75 View Post
Mom's accusations written as if they were true, and my concerns dismissed.
Assessments often provide little value to the court in my opinion.

Quote:
Originally Posted by involveddad75 View Post
Mom's negative behaviour understood and in someways accepted and justified all biased on lies.
"She didn't know what else to do in the situation..."

Despite having legal counsel, etc... Emotional reasoners can easily manipulate "feelings motivated" custody and access evaluators. But, remember, justices are based on FACTS not FEELINGS. If someone is well versed in logic (similar to WorkingDad) the "FEELINGS", "BELIEFS" and "NONSENSE" can easily be cross examined with devastating impacts.

Quote:
Originally Posted by involveddad75 View Post
My positive behaviour understated. My questioning of procedure and process interpreted as controlling.
I always warn everyone about the "controlling" ontology in family law situation. What defines "control"? I prefer how Justice Pazaratz approached the issues of "control" in that very famously cited case law on this site...

Quote:
Originally Posted by involveddad75 View Post
My "requests" for information, turned into "demands" and threats of court action.
Which falls under the nonsense catagory of "control". But, if the other parent threatens court action, access restrictions... It isn't "control" but, their inability to "know what else to do"... It is a common pattern... easily defeated on the trying of actual evidence and not "feelings".

Quote:
Originally Posted by involveddad75 View Post
At the end of the day the judge didn't even mention the OCL recommendations in the reasons for his judgement. Thats how little weight he gave to them.
More people need to realize that they are "recommendations" and that the court is ultimately whom decides. Don't fall for the controlling fear tactics of OCL / Section 30 who will tell you that the courts "always go with their recommendations". Those people are generally egocentric nutjobs who don't want their record tarnished or are scared to take the stand.

Quote:
Originally Posted by involveddad75 View Post
I will say one thing, the only semi neural part of the recommendations were the observations. She didn't have a problem with my parenting.

That said she still sided with mom.

And actually condoned mom withholding the children.
But, still rewarded her conduct with a recommendation of 38% access against you. That kind of nonsense needs to stop in the OCL. The obstruction of access to children by a parent holds significant weight by a justice. I have no idea why these "experts" don't realize this. I hypothesize it is because the vast majority of them don't read current case law... They are way behind the times in what the court orders so their recommendations are generally 10-15 years behind the time.

Good Luck!
Tayken