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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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  #21 (permalink)  
Old 03-17-2014, 04:27 PM
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@Tayken it was consented by both parents.

Our lawyer and the specialist Dr. (The one we have to bring into the case which is $250 an hour) does not understand why OCL and the assessor are not following procedure by producing a report. They are refusing to do so without an additional assessor that specializes in "deprogramming and alienation" their words, not ours to determine the "official cause" and provide a parenting plan.

The Mother's side is in "high suspect" of being the cause.


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  #22 (permalink)  
Old 03-17-2014, 04:34 PM
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@Tayken it was consented by both parents.
Then, you have a written agreement, you have the consent letter from the clinician to act in accordance with Section 30 of the CLRA and you also have a retainer agreement with the clinician to conduct this work.

Your lawyer should be submitting a motion attaching this evidence and asking for the court to compel (order) the clinician to produce the report in accordance with Section 30. My recommendation would be to ask for it to be produced in 30 days if you are not scheduled for trial already. Serve the motion on the other party, OCL and the clinician. In addition your lawyer should be asking for all the disclosures (not just the report) including all evidence evaluated, encounter notes (typed and hand written) etc... This would be done under the Rules of Disclosure and your lawyer should know how to get this done.

If not, you need to retain a lawyer who is qualified to represent you in family law.

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Originally Posted by Krisann View Post
Our lawyer and the specialist Dr. (The one we have to bring into the case which is $250 an hour) does not understand why OCL and the assessor are not following procedure by producing a report. They are refusing to do so without an additional assessor that specializes in "deprogramming and alienation" their words, not ours to determine the "official cause" and provide a parenting plan.
A simple letter with a Form 20: Request for Information outlining the disclosures required and in accordance with Section 30 might be all you need. On Form 30 I would notify the parties that they have 30 days to comply or that you will seek a motion to resolve the situation. In addition, that you will seek full costs for having to seek a motion to obtain disclosures that are required as part of legislation.

Good Luck!
Tayken
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  #23 (permalink)  
Old 03-17-2014, 04:38 PM
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We just went through our notes. She was brought in on a clinical assist.


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Old 03-17-2014, 04:45 PM
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@taylen we have case conference end of May. They want us to retain a specialist ASAP (20k cost) to do another assessment to make a determination of causes.


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Old 03-17-2014, 05:27 PM
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We just went through our notes. She was brought in on a clinical assist.
My understanding is that this is done through the OCL and not done in accordance with Section 30. Section 30 and Section 112 are NOT the same legislation. So, when you looked up the clinician's information, they may have acted as a Section 30 Assessor but, on your file, it is more than likely that they are on sub-contract to the OCL. Many of the clinical investigators sub-contract with the OCL to do Section 112 reports.

I recommend you really start to understand the complexity of all this or retain experienced counsel and not attempt to go this without a lawyer at all.

If you are seeking to retain a professional under Section 30 to do an assessment 20,000 is very low in my opinion. Most assessments cost about 45,000+ to complete from a competent professional.

Also if you are unrepresented 99% of the good assessors will not talk to you. So, you need to have your lawyer contact them, get the consent letter, bring a motion and I would recommend that you offer to pay.

I am not of the opinion that you should seek an assessment. Also, be warned that if you do retain a professional and they are not retained under Section 30, the evidence they provide will be seen a prejudiced as they did not talk to the other parent. As well, it is going to be nearly impossible for them to do a proper report assessment (professional review) of a section 112 report if you don't have the actual report. So, if they do a one sided assessment... It is going to be a waste of money.

See these articles:

Your Social Worker - Gary Direnfeld, MSW, RSW

Your Social Worker - Gary Direnfeld, MSW, RSW

Good Luck!
Tayken

Good Luck!
Tayken
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Old 03-17-2014, 05:33 PM
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@taylen we have case conference end of May. They want us to retain a specialist ASAP (20k cost) to do another assessment to make a determination of causes.
Who is "they"? Your boyfriends solicitor of record? The court? The OCL?

No one can make a determination of causes as I previously explained there are NO clinical guide lines to make a diagnosis on. It would be a subjective professional opinion that can and will be picked apart by the other party.

You will end up right in trial by the way. Have you contemplated the $ COST $ of doing all this?

A trial of such will require you to cross examine a lot of experts. No doubt you will be no less than a 10 day trail. Usually it is a 1:1 ration of legal fees for each day of trial. So you are talking 20 days of legals just for prep and trial. You also have to pay the professional's to write a report and testify too!

Legal costs @ $280/h * 20 days @ 7.5h per day + HST = 47,460
Assessment Costs = 65,000

47,460 + 65,000 = $112,460

I recently saw where one party spent over 360,000 on something similar. So I may be very conservative... As well, they were ordered to pay the other party like 250,000 in costs. Add those two numbers together...

So, I would warn you to really consider what you are engaging in.

Good Luck!
Tayken
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Old 03-17-2014, 05:36 PM
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We just went through our notes. She was brought in on a clinical assist.
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So you have my original notes. this was a clinical assist, as such no report, no affidavit, and no recommendations. They can only comment on the views and preferences of the children.

This is fully under 89(3.1).

Given the information you gave me in PM, this assessor does private assessments as well as work for the OCL. In her role here she was clinical assist.
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Old 03-17-2014, 05:41 PM
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Tayken this is a section 89(3.1) of OCL involvement. Not section 112.

As such, no report, no dispute and no recommendations on BIOC.

All they can comment on is the views and preferences of the children, which they have indicated are under the influence of someone other than themselves.

As such to my knowledge there is only two ways to argue against what they recommend. See my post before.
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  #29 (permalink)  
Old 03-17-2014, 05:42 PM
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We have a lawyer and so does the ex.

The assessor acted is a section 30, yes she is a subcontract to the OCL.

We have talked to a Psychologist that does assessments and gave him the run down. He says its not in the children's best interests to do another assessment as this one has gone on for 8 months. He also said that the lack of written report is against procedure. OCL is to provide a written report (the 112) but they flatly refuse. So any doctor has to start over right from scratch IF they take the case. Many I have talked to say its too messy for them to take on.... So now what?

Both parents have agreed in the OCL disclosure to assessment and deprogramming therapy at a pro-rated split cost.

However.... Not sure as to how to proceed when the doctor(s) described the case as "highly irregular".




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  #30 (permalink)  
Old 03-17-2014, 05:55 PM
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@Tayken "They" meaning the OCL. We had the disclosure meeting a week ago. My BF and council, ex and council were all present.

The OCL's position after the assessment is to bring in a Specialist for Deprogramming Therapy and reassessment at our expense (both parents at a prorated cost) to determine the cause of the alienation (their words). OCL wants the specialist on board ASAP and is keeping the case open for that report.

When I contacted specialists as per the OCL is where the Dr was commenting on "highly irregular" procedure by the OCL....
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