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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 09-28-2015, 12:09 PM
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Default OCL report allegations

Hey everyone,

I am dealing with an OCL report that in my opinion is based on prejudicial influence and false allegations.

The OCL rep told me during disclosure that she feels that most kids of a divorce if they were asked when 18 where they would have preferred living, they would say one home. Which is a loaded question since it doesn't ask if they want to live in one home with both parents, or that by choosing one home, one parent becomes a visitor.

I found this to be extremely prejudicial because 1. That's not true. No kid barring abuse would want to make one of their parents a visitor in their life.
2. It totally negates one of the parent's rights to raise their child and forcibly diminishes the parent's role in that child's life.

On top of that, the EX made numerous false claims and allegations, which totally influenced the OCL's recommendation, eventho the OCL rep admitted she didn't know if they were true or not.

For example, the OCL rep recommended transfers occurring at a third party site eventho every weekend for 10 months now, transfers have occurred door to door without issue.
Evenmore incredible was that eventho the EX deviously hid my daughter in a shelter for 4 months, transfers were occurring door to door at the shelter after a single initial third party transfer site. A hidden shelter that is supposedly to be for abused women who are afraid that their former partners find out where they are.

The EX is claiming she is afraid of me and can't communicate with me, eventho she has stayed in my house on 4 separate occasions in the past 8 months because of bed bugs and I have reams of emails and text messages showing how we do communicate well and there is not a single instance of her displaying fear or intimidation.

What to do?

ps. going to trial, of course, but any suggestions/reactions to this OCL report?

Jose
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Old 09-28-2015, 12:42 PM
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Quote:
The OCL rep told me during disclosure that she feels that most kids of a divorce if they were asked when 18 where they would have preferred living, they would say one home.
This is gold. You can later use it to throw out her opinion. At this point assume the OCL is against you and focus on how to discredit their opinion. The transfers is a good example how the recommendation doesn't match the evidence (you showed OCL the emails etc...)

WorkingDad (the hero), succesfully threw out an OCL report - find out how he did it.
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Old 09-28-2015, 12:54 PM
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Workingdad....spill your mastery.

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Old 09-28-2015, 08:48 PM
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https://www.canlii.org/en/on/onsc/do...1onsc6451.html

WorkingDad's case from CanLii
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Old 09-29-2015, 07:00 AM
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OCL report could actually help you. For trial I mean. Sounds like you had my OCL rep.

There's a flurry of things in my report that I can use for questioning at trial. All judges have said the reports garbage.....but I want the OCL rep dismissed from my case (waste of courts time)..but not necessarily the report. Too much good stuff.

Shelters...her saying she's scared then inviting you to her doorstep...communication like angels but coming to court saying she can't because she wants sole custody...yep, welcome to the system. I suppose she's on Legal Aid too?

Seriously though .. if you want that OCL report gone...file a statement of refute. That doesn't always do much. Get judges to spit on it...in writing. That works best.
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Old 09-29-2015, 10:25 AM
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Interesting points, lovingfather32. This OCL rep hasn't even filed her report yet. She's only supplied her list of recommendations.
Trust me, there is gonna be a lot of refuting on the OCL report.

Yes, she is on legal aid. The kicker is at SC, the judge warned her that she will be asked why she hasn't been working for over a year. And her and her lawyer response was "well, she's on social assistance, so she can't work because they will just take the money". Really? Why would anyone work then?!!!
And the second kicker "if only the ex-husband would give spousal support, then she can get back on her feet". She stopped working deliberately during a divorce, and now she wants me to fund her life!!!

So do you think a layperson/judge can see thru this game/charade that she is playing to use the system??!
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Old 09-29-2015, 12:18 PM
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Quote:
Originally Posted by bautista27 View Post
And the second kicker "if only the ex-husband would give spousal support, then she can get back on her feet". She stopped working deliberately during a divorce, and now she wants me to fund her life!!!

So do you think a layperson/judge can see thru this game/charade that she is playing to use the system??!
Has your case been designated high conflict and do you have a case management judge or do you get a different judge at each appearance?
If you are case managed, google your judge to find their bio/background.

Because my ex is high conflict (translation "manipulative liar who hid our son from me"), our case went straight to a judge who spent 20+ years working as an OCL lawyer and specializing in mental competency hearings.

It has been quite interesting to see how our judge handles ex at each court appearance, especially when her affidavit or brief is full of contradictions, lies and garbage.

Best of all was when ex changed her tune from seeking education or employment once our son was a year old to telling the judge that she now plans to stay home until he is in school full days (yes she is on social assistance). Judge actually said "wow, that's a really long time!" with a completely straight face. Ex didn't get the sarcasm but I nearly fell off my chair laughing on the inside!

Last edited by YoungDad23; 09-29-2015 at 12:19 PM. Reason: clarity
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Old 09-29-2015, 12:29 PM
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YoungDad23 - How did you go about having a 'case conference' judge appointed to your file? Could you please provide us with some specific criteria? Thanks
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Old 09-29-2015, 01:40 PM
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Quote:
Originally Posted by arabian View Post
YoungDad23 - How did you go about having a 'case conference' judge appointed to your file? Could you please provide us with some specific criteria? Thanks
I didn't do anything to be assigned a case management judge. I believe we were probably assigned based on the nature of our case and the region we live in offering that option.

In the Ontario Family Law Rules, Case Management is covered in Rule 1 and then more info provided in Rules 39, 40, 41 and 42.

For the Superior Court of Justice cases, Case Management looks like it is only available in specific municipalities (listed in Rule 1).

My case is in the Ontario Court of Justice since my ex and I were never married, never lived together and had no assets in common.

I was able to find an application online for LAO lawyers to submit for Family Case Management Assessment to get approval for more money. It might be a useful read for those of us facing an ex with LAO representation.

http://legalaid.on.ca/en/info/forms/...=1443548163678

Hope this helps!
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Old 09-29-2015, 02:11 PM
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Yes, we get a different judge at every meeting. Case conference was Master. Settlement conference was a judge. Trial will be a different judge.

I am just incredulous that OCL would use all her allegations against me. And to not once corroborate with me.

And now it's an uphill climb, but my experience with Judge Judy, is that just the occasion of one lie discovered taints the entirety of your case.
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