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

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Old 11-21-2016, 01:57 PM
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Default How long before an OCL report is deemed outdated?

We had an OCL investigation completed near the beginning of our custody fight. The OCL was way off on a lot of what she stated and it is pretty clear that she only listened to one side. In any event, I am ready to fight her head on in trial, should the need arise however it seems trial is further and further away. It has been about 6 months since the OCL completed her investigation and so much has changed since she has been around. Obviously, the changes have been documented and proof kept however I am wondering, if trial doesn't happen for some time (we are still sitting at the case conference stage, with our 6th case conference coming up next week), is there a point where the OCL report have less weight based on the fact that it was so long ago? My lawyer has told me that should a settlement not be reached (we have already reached 5 and the other party has backed out each and every time) I should expect trial could be another year to a year and a half away. At that point the OCL report could be upwards of 2 years old.

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Old 11-21-2016, 07:27 PM
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I don't know what is standard but I had an OCL report done and filed in August of 2014 When we were back in court in March of 2015 the Judge ordered a new assessment. The judge felt that as the situation had changed the original report was too out dated.
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Old 11-21-2016, 08:45 PM
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In 6-8 months it can go stale. We had 2. Had we gone to trial this month as I'd hoped, the one completed in May would have been somewhat relevant but it would have been a stretch with so many significant changes including a new status quo.
Because my ex delayed trial until May, the report will no longer be relevant. At all .
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Old 11-21-2016, 09:12 PM
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Default How long before an OCL report is deemed outdated?

Don't play the conference games. Set down a settlement conference date after the case conference and a trial date if there is no settlement at the settlement conference. In an ideal world it should not take more than 6 months to complete a family law matter. 2 years is just ridiculous and really nothing more than poor case management by the courts. Don't let the lawyers play the adjournment games, seek costs at every adjournment. Their goal is to Maximize their profit. That's not to say that there aren't lawyers that genuinely care about you and want you out of court as quickly as possible, there are tons.


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Last edited by trinton; 11-21-2016 at 09:15 PM.
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Old 11-22-2016, 01:07 AM
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"2 years?"... I nearly choked on my coffee. What lovely planet do you come from? Try 51/2 years, no end in sight. Hundreds of thousands of dollars spent. My ex will continue stalling and bringing endless motions. Costs are asked for at every single one of our 20+ court appearances...Never ever awarded. Always reserved.
The judges always threaten, never follow through. Don't read the affidavits.
For all the money burned at the stake, not one ounce of entertainment value.

2 years...I wish!
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Old 11-22-2016, 07:08 AM
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Dadx5 - Did you have 2 different assessors or the same person? My biggest issue is that the OCL made her recommendations based on the other parent "trying and seeking help" and now 6 months later, still nothing has changed.

Still breathing - Did you have 2 different assessors? My ex seems to be delaying also, we have made 5 agreements and she has backed out of all of them, has even told the judge the reason being that she will loose part of HER welfare money and part of HER baby bonus. The judge said nothing about this. She has legal aid and welfare backing her financially therefore she has zero care about costs and fights every little thing, has no desire to compromise and plays head games and no-one blinks an eye. 5 1/2 years seems like a very real possibility mind you my youngest would be 13 and oldest would be 18 in 5 1/2 years. That really puts things into perspective.

Trinton - I have tried requesting to move on from the case conference stage however the judge is not ready to do so as she believe we can settle. We have actually come to a settlement 5 times before the other party backs out. I have now given up on working on offers with her and have been sending my own offers to settle with no response. We are already a year and a half in and still sitting at the case conference stage. We have had 1 legal aid mediation however she backed out of everything said there. Unfortunately, she has legal aid so neither her nor her lawyer seem to care to move forward in the case. Costs are ALWAYS reserved and when I have asked, I am told, she in on welfare, how do I expect her to pay costs? Her lawyer didn't like my answer when I said she could get a job like every other person in society. I was told I was being insensitive.
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Old 11-22-2016, 09:41 AM
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Every situation is different and will warrant different reasons for a report to be stale. As of our trial coming up, our OCL report will be one year old and the justice felt that it was far from "stale" or "old", especially since the core issues with my X have not changed whatsoever. The justice also realized that her counsel was using this a stall tactic and shut it down real quick.

That being said, if there's a material change in risk, regardless of the age of the OCL report, they may order a new one.

Keep in mind, any justice can order a new assessment but it doesn't mean the OCL will approve and/or grant a new assessment. It's a money game - they decide if they want to invest more $$$$$.
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Old 11-22-2016, 09:45 AM
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Quote:
Originally Posted by freckles1234 View Post
Dadx5 - Costs are ALWAYS reserved and when I have asked, I am told, she in on welfare, how do I expect her to pay costs? Her lawyer didn't like my answer when I said she could get a job like every other person in society. I was told I was being insensitive.
Sounds like we have a very similar situation, freckles1234. There's more and more caselaw where justices, regardless of social assistance or not, are ordering costs against those who play the system for a fool. I've had costs all the way through being "reserved" until trial but the justice has made clear to my X that she was a hair line away from having a major costs award against her if she persisted. She delayed for over 1.5 yrs, changed 3 lawyers and stalled the whole process.
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Old 11-22-2016, 10:30 AM
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You may want to go back and read Dadx5 posts on his case. His childs mother went on a downward spiral and the living situation for his daughter was becoming increasingly unsafe emotionally and physically. No two situations are the same and you cant compare one against the other.
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