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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 03-15-2014, 11:09 PM
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Default OCL Refuses to provide disclosure in writing!!!

My boyfriend writes:

In my case I have had child protective custody involved for over 8 months now. I thought I engaged them because I called the police on my ex because she routinely ran into my house and screamed at me in front of the kids. I gave her fir warning that she was to remain off of the property and she ignored it. As the police were talking to her she accused me of chlld abuse so CAS (child protective services in Canada) were engaged. They investigated and threw it out. In fact since taking my ex to court I have been accused of child abuse twice and other members of my family have been like wise accused as well as assault, neglect, etc.... All without reprisal.

My lawyer after seeing how distraught I was at our first meeting - I cried like hell when he said he could help me - insisted that the Ontario Childrens Lawyers (OCL) get involved. The OCL is a government run advocate for children in custody cases. Their job is to throw out the he/said she/said noise and look for signal. I was wholly surprised that my ex agreed to the OCL. The OCL took our case.

Flash forward 8 months later and we have our disclosure meeting (which was earlier this week) and the OCL, and their court appointed clinical assist, very clearly stated the following in front of me, my lawyer, my ex and her lawyer:

1. That they see serious alienation of the children against me.
2. The OCL and CAS have both stated that there is nothing I am doing wrong. Even after nearly a year of observation and investigation.
3. The children need significant therapy and from someone who has a specialty in PAS as well as someone who has experience in deprogramming. (their words almost verbatim)
4. The children are in serious distress and have stark views of me for no reason. (although they were pressed)
5. The childrens views and preferences are not independent.
6. CAS has recorded that my ex has been coaching my children and was told to stop.
7. The children came into the OCL meetings with a list of issues and complaints against me and started to discuss them well before basic questions like "How are you today" could even be asked. (which shows even more coaching and according to the timelines - AFTER CAS told her to stop)
8. That I learned of the second false allegation of child abuse in the disclosure meeting. (which was also through out).
9. CAS has investigated all allegations against me - all found to be unfounded.
10. The OCL has refused to put their assessment in writing - although my lawyer has said hell swear an affidavit to relay to the judge what was said.

Yet to my absolute dismay they did not change custody - only suggested we get more therapy to reassess. I was gobstopped. Still am to be honest.

So I have found my expert psychologist, as the OCL suggested, and they have chimed in and said the OCL was wrong in only suggesting a reassessment. The Dr says an assessment has been done and action should have been taken.

So I am wondering - given the situation, I am going to put a parenting pan together as you suggested, but I want to make sure I don't miss a note. If I am to go in and request the judge to remove custody from my ex (as I should so my kids have a fighting chance in therapy), bar all communication between my ex and my kids - while my children are in therapy and force her into therapy so she not only sees the damage she created but acknowledges it and changes her ways - what else would you suggest for me to do to be fully prepared to make the judges job clear and simple?

My children can not withstand another assessment nor can they continue to be in her custody given the evidence the OCL provided.


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Old 03-16-2014, 02:04 PM
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Hi krissan, is your expert psychologist expensive? I'm disputing my OCL report and I may need one. Thanks.

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Old 03-16-2014, 02:24 PM
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I am not in Ottawa, we are Toronto. They run $250 per hour.


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Old 03-16-2014, 02:37 PM
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I'm in Toronto too.

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Old 03-16-2014, 02:52 PM
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This is a case that I read a while back but you might find it quite interesting and relevant to your boyfriend's situation (parental alienation, false accusations of abuse and the resulting order that the mother ended up with a no-contact order).

It is a lengthy read and is from the Halton area of Ontario:

A.F. v. D.G.1., 2012 ONSC 764 (CanLII), <CanLII - 2012 ONSC 764 (CanLII)
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Old 03-16-2014, 03:00 PM
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@arabian I am not seeing a link. Can you repost?

@paco you need someone that specializes in custody assessments. Most are a $7500 upfront and 20k for a 3 month assessment. We are trying to avoid this step as we just went through an 8 month assessment. The OCL needs to not "pass the buck".


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Old 03-16-2014, 03:33 PM
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here is another, more recent case from BC:

C.A.J. v. N.J., 2014 BCSC 279 (CanLII), <CanLII - 2014 BCSC 279 (CanLII)

The Ontario one (click on the light blue print on the right on either):

A.F. v. D.G.1., 2012 ONSC 764 (CanLII), <http://canlii.ca/t/fpw66

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Old 03-16-2014, 03:42 PM
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@arabian I guess the links do not work on iPhone. I will look on my laptop tonight. Thanks so much for the help. We are looking to get all of our ducks in a row quickly so we can go to court and stop this abuse!!!


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Old 03-16-2014, 10:36 PM
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@arabian thank you for the case links. The Halton case is close to ours minus the 5 doctors. We will have 1, 2 social workers and the OCL.

A very good read!


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Old 03-16-2014, 11:41 PM
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Nightmare for sure!

From what I have read lately, B.C. seems to have the most published cases dealing with these issues on CanLII. You can always use other Provinces as references. Did you note the amount of days in trial this case took? All I can say is MEGA BUCKS. Bringing in expert witnesses would be extremely costly.
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