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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 07-19-2011, 11:40 AM
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Default OCL Report Good - But delay tatics put up - Help

Ok so we had a full OCL assessment which went in my favour and scheduling times increase were recommended.

The problem - My x has reluctantly agreed, but wants it on a trial basis for 3 months at which point she wants another mediator to interview my daughter (which would be 3 different people now) to see if the new schedule is working for her.

The new scheduling is very similar to what she initially had, the only difference is it is now blocked time.

My problem is I believe this to be another delay tatic and getting my daughter involved again as well as it will make the whole OCL report basically invalid once a new person interviews my daughter. (I'm not overly worried that my daughter will take the scheduling negative - just that it's another 'round')

So I have to either allow the temporary scheduling or file a motion to get the OCL report and scheduling temporary until a settlement conference can be done. - which is essentially the same thing - but without another party being involved.

Her lawyer and the OCL have said that it might look bad on me that she has already agreed. I'm confused on what to do ...any help?
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Old 07-19-2011, 12:44 PM
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Agree and implement to the OCL recommendations no more no less. Don't agree to any more involvement. If she resists this or wishes to pursue her "ideas" let her file a motion.

Congrats on the favorable OCL report. Did you celebrate?
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Old 07-19-2011, 02:53 PM
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That three month trial basis is bullshit - period.

Schedule the settlement conferrence. Yesterday. And if the other side delays bring a motion.
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Old 07-19-2011, 03:08 PM
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Cat:
If your case went on as long as ours has with the OCL, it would be very reasonable to request the recommendations be adopted and file a cc.

Not sure the OCL would think it is in the child's best interest to involve another person in the child's life as an assessor. Make the argument that this is too difficult for the child and you want resolution for this high conflict case.

Honestly, despite any rhetoric the other side throws your way, make your case and stand by it. You are willing to adopt the OCL recommendations and that is anything but unreasonable.
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Old 07-19-2011, 03:33 PM
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The problem is I don't think I'm at the settlement conference as of yet... first I would have to do a motion.

The OCL told me that a judge might look negatively on the fact that she's agreeing with the OCL recommendations already (just with another intereview with another councilor with my daughter (7yrs old) to see how she's managing with the new time)

My x won't agree without that 'trial period'. The OCL has already ok'd this somewhat in views on settling the matters as our case isn't that high conflict.

We've had a case conference where the judge basically ragged me out saying 'good luck' with trying to get my weeknight access back. This is when we requested OCL invovlement - and they got involved.

I'm worried on going back to court as I'm 0-2 in case conferences. But everytime a physchologist/social worker/ocl etc get involved and see the 'whole picture' I'm successful.

Thinking aloud:
- bite and go through a trial period and hopefully it gets settled after a councelor says it's ok for my daughter.
- file the motion and get a temporary order in hopes the judge will get her to a settlement.
- file a motion a get scouffed at again - at which point I don't know what would happen as the OCL gave me a rave report and bitches her out in the report.
- also not sure what avenue they would take if we filed the motion - as from their reply to the OCL and us saying we would be filing a motion; they said:

It would be ill advised and we wouldn't be successful.

i) the law is clear the custodial status quo will not be changed on an interim custody motion in the absence of compelling reasons indicating the necessity of a change to meet the children's best interest.

ii) an accessor's recommendations out not to be acted upon without a full record and trial except in exceptional circumstances where immediate action is mandated by teh report. and our case does not meet 'exceptional circumstances' to rely on the report at a motion.
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Old 07-19-2011, 09:09 PM
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I agree with DTTE, get your but into a settlement conference yesterday. You received an important and favorable document with the OCL report. It means nothing unless it's presented to a judge who can influence its adoption.

I think your instincts are good with the added councillor. The other side is not happy with the report and the added viewpoint could dilute the OCL position. Or maybe not and the other side is just concerned about the kids.
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Old 07-19-2011, 09:38 PM
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how do I get to a settlement conference without going to a motion though? I've been reading motions with OCL involvment and it's usually status quo until trial - as the motions won't take the OCL recommendations unless there is extreme circumstances....
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Old 07-19-2011, 10:49 PM
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Quote:
Originally Posted by CatvsLion View Post
how do I get to a settlement conference without going to a motion though?
You canvas the other side as to agreeable dates for a settlement conference. If they dawdle, then you motion.

And you document your efforts so the court knows you are being reasonable.
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Old 07-20-2011, 02:04 AM
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Try not to be so fearful. If you overthink this situation, the outcome may be jeopardized.

Ask for the case conference: usually the opposing side is presented with dates. If they do not agree or propose something in a similar time frame, this would look bad for them. Presenting time proposal in writing is necessary. (I recently lost costs on a motion because I did not include all the written requests I had made: the judge thought I only asked once, and then went to motion. This was avoidable.)

I would not personally give in to the three month trial. The ocl is very capable. Unless the other side has indisputable evidence that the child may be harmed, this is a case of mother trying to secure another possible "witness", "just in case".
Put the onus on her to prove why you should not just follow the OCL recommendations. If this even becomes necessary...
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