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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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  #11 (permalink)  
Old 09-18-2017, 06:25 PM
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Originally Posted by paco View Post
I just received a letter from OCL informing us that they've decided that unfortunately they cannot provide service at this time.
The reasoning of their decision is:
]"a review of the case history indicates that there have been multiple assessments or prolonged litigation. The case materials suggest that there is little possibility that the involvement of the Office of the Children's Lawyer would assist in resolving the matter. We have now closed our file."

There was only one assessment done in 2013 in the initial litigation which was completed in 2015. My concerns are interference of access of my ex until she terminated the existing access being in place since 2015. So this is the major change since last time OCL involvement. I know that there is no formal way to appeal it but at least I can write a letter to reconsider their decision. What chances are they may change their mind? Any advice of how should I prepare this letter?
I am thinking they wont get involved due to the length of time your case has been going on. They must feel that no matter what they say, you guys wont settle anything. Did you and your ex settling anything based on their first assessment?
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Old 09-18-2017, 06:54 PM
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Originally Posted by standing on the sidelines View Post
I am thinking they wont get involved due to the length of time your case has been going on. They must feel that no matter what they say, you guys wont settle anything. Did you and your ex settling anything based on their first assessment?
yes, we've settled back on July 2015 based on OCL recommendations at that time, so since then things went from bad to worst in terms of access, slowly but surely my ex canceled on her own few weekends back in 2015, 2016 and culminating with my daughter refusal (all of a sudden) to come to access in February 2017. Then I filled a motion to restore access by taking my children directly from school and granted by a judge on Feb 23 2017 and a 2nd motion to change the final order. In the mean time I had asked OCL twice to intervene and they refused twice, last time they refused was at the end of July 2017. So since then access went smoothly with few hic-ups when last Friday my daughter (11 years old) refused to come with me, she looked frightened, she cried a lot. I asked her several times for what reason she doesn't want to come, and everytime she refused to tell me, but I insisted and finally she told me that she was told by her mom and her grandma if she continue to come to me then somethiung very bad will happen. I didn't tell the cops as I didn't want my kids to suffer beyond their suffering. So the cops provided me with an incident report confirming children's refusal to come with me, my son is only 5 and he was willing to come with me but his sister dragged him in a oposite direction. It's a very very sad situation that my kids are threaten and emotionally abused. So this new situation will move OCL to rethink of their decision? Do I need a new order to appoint OCL? Thank you for reading.
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Old 09-18-2017, 07:04 PM
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waiting for OCL involvement could take time
In the meantime is there someone who could accompany you for pick-ups?
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Old 09-18-2017, 08:22 PM
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Originally Posted by arabian View Post

waiting for OCL involvement could take time
In the meantime is there someone who could accompany you for pick-ups?
No need for someone to accompany me as I pick them up from school and I drop them off at school Monday morning, problem is my daughter just started to refuse to come with me, she told me last Friday crying that she was threaten by her grandmom and her mom that if she continue to come to me than something very bad will happen. I never saw my daughter so frighten like she was last week. So I explained her that nobody is forcing her to come with me, that I miss them and I love them both and I will wait for them next weekend. I tried to get my son with me instead , he's only 5 but his sister draged him in the opposite direction, it was a very sad scene. I just can't stay and do nothing watching how my kids are threaten and emotionally abused. I just don't know if how OCL will react, I'm scared to deny involvement again and I can't afford a private assesor to activate section 30 of family law rules. I'm waiting on police report from last Friday children's refusal. Thanks Arabian for reading, just my heart is broken.....
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Old 09-18-2017, 08:29 PM
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Originally Posted by paco View Post
No need for someone to accompany me as I pick them up from school and I drop them off at school Monday morning, problem is my daughter just started to refuse to come with me, she told me last Friday crying that she was threaten by her grandmom and her mom that if she continue to come to me than something very bad will happen. I never saw my daughter so frighten like she was last week. So I explained her that nobody is forcing her to come with me, that I miss them and I love them both and I will wait for them next weekend. I tried to get my son with me instead , he's only 5 but his sister draged him in the opposite direction, it was a very sad scene. I just can't stay and do nothing watching how my kids are threaten and emotionally abused. I just don't know if how OCL will react, I'm scared to deny involvement again and I can't afford a private assesor to activate section 30 of family law rules. I'm waiting on police report from last Friday children's refusal. Thanks Arabian for reading, just my heart is broken.....


If you pick up from school how did she refuse? You went to be school and she said no so you left your children there? I'm not really understanding how this happened if exchanges are done at the school? I understand she may have been upset but if you were at the school they should have came with you. I don't know how OCL will view this because mom didn't deny you access if you left the children at the school. Many kids don't want to leave after school and would rather stay and play on the equipment but parents don't leave them there. It would have been a tough situation for sure seeing your daughter upset but I don't think leaving them there was the right thing to do...


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Old 09-18-2017, 08:36 PM
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Originally Posted by Berner_Faith View Post
If you pick up from school how did she refuse? You went to be school and she said no so you left your children there? I'm not really understanding how this happened if exchanges are done at the school? I understand she may have been upset but if you were at the school they should have came with you. I don't know how OCL will view this because mom didn't deny you access if you left the children at the school. Many kids don't want to leave after school and would rather stay and play on the equipment but parents don't leave them there. It would have been a tough situation for sure seeing your daughter upset but I don't think leaving them there was the right thing to do...


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B_F....to clarify, last Friday school was closed , it was a PA day for teachers, so the order states that if school is closed for any reasons than the access exchanges shall be at the Mall, so when I picked them up (both) and to leave my daughter started to cry and to refuse to come with me, I tried to encourage her but no succes, she looked scared. It's first time since Feb this year when she refused to come.

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Old 09-18-2017, 09:23 PM
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Originally Posted by paco View Post
B_F....to clarify, last Friday school was closed , it was a PA day for teachers, so the order states that if school is closed for any reasons than the access exchanges shall be at the Mall, so when I picked them up (both) and to leave my daughter started to cry and to refuse to come with me, I tried to encourage her but no succes, she looked scared. It's first time since Feb this year when she refused to come.

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I believe it. I have heard similar horror stories from our child that they are being disparaged by mom and grandmother, and even beat by them and punished for expressing their love for me. It's nothing new to me.

The fact that the case is going for so long is a reason to grant you OCL involvement to have a neutral 3rd party review the situation and make a recommendation to the courts , not to prolong conflict. Further, y our OCL report is now outdated and you need a new one to reflect the present circumstances.

I asked the courts for OCL multiple times, and even brought a motion for it once. The biased judge basically said she wouldn't allow it as the OCL is eager to recommend joint custody and that's not what the judge wants. Mind you this was just the case management judge and not the same judge who would be hearing my trial. I was not granted a leave for my motion for OCL but was not ordered any costs for. My last lawyer stinked. Can't believe I didn't fire them much sooner when I started smelling stuff. I switched lawyers and my lawyer got the OCL involved by consent after threatening a motion and with the judge now (after the other parent also lost their lawyer) siding with me to get the OCL involved due to the case turning contentious. Sometimes you just need a good lawyer who has a good connection and reputation with the judge to properly present the circumstance to the court, and help you make your case to the OCL.

Keep firing back and pushing for the OCL. You love your child very much, and without their help, your child could be alienated from you. The other parent is not encouraging and facilitating contact with you, and is doing the complete opposite. The OCL refusing to get involved gives her even more reasons to do so, which is likely going to just backfire on her.
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Old 09-18-2017, 09:33 PM
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Beware lawyers who can't/don't explain how useless case conferences are... case management judges can't order anything besides procedural stuff. Lawyers don't do this because they can make money off of you (tell you what you want to hear and get your hopes up) IMO.
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Old 09-19-2017, 11:27 AM
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Originally Posted by Tayken View Post
If you have 10-25k then a Section 30 assessment may be possible. But, you will have to take on the cost and reserve your right to see the costs of the Section 30. If you are prepared to eat 10-25+k in costs then you can get one ordered.

I never recommend assessments or OCL anymore. You are best relying upon the facts of the case and not these "professionals".
Well said Tayken.

I would contact the OCL and simply say thank you. And request a copy of both intake forms and copies of all documents they are relying on. Who knows the ex may have made a comment and or defamed you in the intake form which is why they aren't getting involved.

Under their rules they are transparent, and as this includes the process they took to make the decision to get involved or not get involved.

Good luck.
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  #20 (permalink)  
Old 09-19-2017, 02:06 PM
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Well said Tayken.

I would contact the OCL and simply say thank you. And request a copy of both intake forms and copies of all documents they are relying on. Who knows the ex may have made a comment and or defamed you in the intake form which is why they aren't getting involved.

Under their rules they are transparent, and as this includes the process they took to make the decision to get involved or not get involved.

Good luck.
That's pretty much possible involveddad75, I will ask OCL to provide me with copies of my ex intake forms. So let's say if she defamed me in her intake form then what can I do about it? OCL still will not going to decide otherwise but the main problem remains, my kids are heavily alienated by their mom and grandma, without a clinical investigation it's hard for me to prove it, unless there is a different way to do it.
Okay , now, do I need a new order to appoint OCL again (we just had one done recently at our DRO conference endorsed by a judge then right after OCL rejected their involvement) or I just simply write a letter to OCL explaining the new circumstances arose (my daughter's refusal to come for access) since last time they rejected their involvement?

Last edited by paco; 09-19-2017 at 02:08 PM.
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