Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 02-25-2014, 11:32 AM
paco's Avatar
Senior Member
 
Join Date: Nov 2013
Location: Toronto, ON
Posts: 274
paco is on a distinguished road
Default Defeating an unfair and biased OCL report

hello, I'm a father of a 8 years old girl and a 2 years old boy, I'm separated from my ex since Nov.2012, she took the kids away from me at that time with no reason or explanation, she carefully planed this ahead of time calling the police 2 times in the summer of 2012 with no reasons just to build her case against me. I proposed her many alternative options in order to get a separation agreement, she refused everything. It appears that she was advised to flee with the kids to a shelter in order to create a status quo situation which most judges don't want to change. After she fled she refused access to the kids, I filled for an emergency motion in December 2012, just before Christmas, and the judge gave me access every Saturdays ans Sundays, and judge asked OCL to start an investigation. OCL finished their investigation in September 2013 and this investigation was conducted improperly, unfair and biased, in mother's favor, they recommend sole custody for mother and father just access. They didn't provide any motivation for their recommendations saying just the parents don't communicate each other making a joint decission complicated for children, but is my ex who doesn't communicate knowing that the judge most likely will award her sole custody. Now, my case conference is coming next month and I need an advise on what's best to attack OCL report considering that I'm representing my self now, I let my lawyer go back in October because she doesn't want to fight that report. I consider that report totally unfair and they didn't consider my concerns regarding parental alienation to my daughter from her mother and grandmother side. I kept notes for every single day my daughter was alienated and these were not taken in consideration by the OCL investigator, in my affidavit I'm requesting joint custody 50/50 of time. Please need an advise from you of how to defeat this OCL report. Thank you.

Sent from my SGH-I717D using Tapatalk
Reply With Quote
  #2 (permalink)  
Old 02-25-2014, 12:12 PM
Senior Member
 
Join Date: May 2009
Posts: 2,472
dinkyface will become famous soon enough
Default

What did the OCL report recommend for access time? If it's alienation you are worried about, then access time, not who picks the school and takes to doctor visits, is your primary concern.
Reply With Quote
  #3 (permalink)  
Old 02-25-2014, 12:35 PM
paco's Avatar
Senior Member
 
Join Date: Nov 2013
Location: Toronto, ON
Posts: 274
paco is on a distinguished road
Default

OCL recommended sole custody to mother and increasing access to father, adding more nights, every 6 months, until full access standard schedule will be reached: every Wednesday night and every other weekend from Friday evening 'till Monday morning. Another recommendation is for father to attend parenting counseling sessions, but I believe this is came at my ex advise at the disclosure meeting which unfair and biased. I'm looking for cross-examination the OCL investigator as there are too many inaccuracies and deficiencies in her report, I would appreciate any input in this regard please. A case conference is scheduled next month, can I ask the judge to hold on the custody order until trial and concentrate on cross-examination of all witnesses? My concerns are that my ex will continue to alienate the kids and making false allegations against me to police and CAS.

Sent from my SGH-I717D using Tapatalk
Reply With Quote
  #4 (permalink)  
Old 02-25-2014, 01:46 PM
Senior Member
 
Join Date: May 2009
Posts: 2,472
dinkyface will become famous soon enough
Default

"full access standard schedule"

Now THAT's a load of BS. Full? Standard?

A warning - nothing can stop your ex from alienating your kids.

To make it worth your while, I'd fight this on the basis of the access schedule, not custody.

Last edited by dinkyface; 02-25-2014 at 01:51 PM.
Reply With Quote
  #5 (permalink)  
Old 02-25-2014, 01:49 PM
paco's Avatar
Senior Member
 
Join Date: Nov 2013
Location: Toronto, ON
Posts: 274
paco is on a distinguished road
Default

Well, it should be read "access schedule", those were my extra words, sorry for that.

Sent from my SGH-I717D using Tapatalk
Reply With Quote
  #6 (permalink)  
Old 02-25-2014, 02:13 PM
FB_ FB_ is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,407
FB_ will become famous soon enough
Default

My advice would be to stop the alienation angle and play the best interest of the kids angle... Equal parenting.
Reply With Quote
  #7 (permalink)  
Old 02-25-2014, 02:32 PM
paco's Avatar
Senior Member
 
Join Date: Nov 2013
Location: Toronto, ON
Posts: 274
paco is on a distinguished road
Default

This is exactly what I'm looking for, joint custody, it's in my kids best interest. But again, how to have equal parenting when OCL recommended sole custody for mother?

Sent from my SGH-I717D using Tapatalk
Reply With Quote
  #8 (permalink)  
Old 02-25-2014, 02:46 PM
FB_ FB_ is offline
Senior Member
 
Join Date: Jul 2012
Posts: 2,407
FB_ will become famous soon enough
Default

Quote:
Originally Posted by paco View Post
This is exactly what I'm looking for, joint custody, it's in my kids best interest. But again, how to have equal parenting when OCL recommended sole custody for mother?

Sent from my SGH-I717D using Tapatalk
Having never been in that situation I can only say what I would do.

You basically have to prove "WITH EVIDENCE" that the report is incorrect.

Pick out every reason given that the other parent should have sole custody and prove that the assumptions made in the report were not correct "WITH EVIDENCE" You cannot just say something you have to prove it.

If you plan on taking this to trial you better be prepared to spend 40 hours a week researching and gathering relevant evidence as well as preparing.

Go to court and watch other cases as you are going to have know the rules of the court and how to act in front of the judge.

I can tell you that trying to prove the other parent did this and that is not what you should do. You should be proving that you are an equal and deserve the right to be treated as such.

For example you mentioned communication. What proof can you provide that it's her causing the communication problems and you are doing EVERYTHING you can to try and communicate.
Reply With Quote
  #9 (permalink)  
Old 02-25-2014, 02:49 PM
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,725
HammerDad will become famous soon enough
Default

Quote:
Originally Posted by paco View Post
This is exactly what I'm looking for, joint custody, it's in my kids best interest. But again, how to have equal parenting when OCL recommended sole custody for mother?

Sent from my SGH-I717D using Tapatalk
Look up WorkingDad and what he did. He had a similar OCL report, he argued it and won.

You need to be child centric. Also, you need to argue the ex has created a false status quo with her unilateral decisions to remove the kids and her unwillingness to communicate. That you want to work with the ex, and can communicate with her respectfully. Then you prove it by showing your emails to the ex (from this point forward, you only call her to speak to the kids or in emergency) where you are respectful and requesting information relating to the kids.

But also be involved in the kids lives. If they are in activities, see about coaching. Do what you can to be as involved as possible. Go to their school, volunteer etc. When it comes to your ex, should she ask you a question that doesn't have a "yes" or "no" answer, you politely ask her to email you and you will get back to her asap if necessary.

But it is possible. You need to be child centric and you need to get over any defeatist attitude you may have.
Reply With Quote
  #10 (permalink)  
Old 02-25-2014, 02:51 PM
paco's Avatar
Senior Member
 
Join Date: Nov 2013
Location: Toronto, ON
Posts: 274
paco is on a distinguished road
Default

There is an email where she's saying that to not further contact her,either writing or speaking, so I stop contacted her beeing afraid of possible harassing allegations.

Sent from my SGH-I717D using Tapatalk
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -4. The time now is 05:11 AM.