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Old 07-12-2015, 04:23 PM
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Default STBX motioning for a Custody/Access Assesment even though OCL has has done one

Hello community,

As some of you know, my D14 now lives with me. My other 3 children (S13, S12, D11) met with the OCL (and their clinician) and indicated that they want week on/week off.

Despite the OCL's clinically assisted assessment, STBX's lawyer is now saying they will motion for a Custody/Access Assessment.

I find this utterly confusing. Can they do this ? Isn't this what the OCL is doing ?


As usual, thanks for you input.

PND
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Old 07-12-2015, 11:25 PM
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You can ask for what you like. You can oppose say it stresses kids unnecessary, at the very least she has to pay the full cost but you must agree jointly on an assessor. Your ex is grasping for straws it seems
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Old 07-13-2015, 03:10 PM
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Is she asking for an update? Or brand spanking new one?
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Old 07-13-2015, 06:20 PM
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Links7 you are wrong about her having to pay the full cost. Unfortunately they will both have to pay 1/2 even though she requests it! Welcome to the world were the judge's sole goal is to part both parties from all their money and destroy the kids in the process.
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Old 07-14-2015, 08:23 AM
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Quote:
Originally Posted by LovingFather32 View Post
Is she asking for an update? Or brand spanking new one?
Looks to be a new one. Regardless, I am not going to consent. Its stall tactics.
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Old 07-14-2015, 08:53 AM
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First I'd get that cleared up. Update or new? If "new" .. makes zero sense. If "update", could have some merit (in her eyes .. and judges perhaps).

Could be stall tactics .. or could be an attempt to get a shiny report, saying how she's changed, etc for the court's (update).
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Old 07-14-2015, 08:55 AM
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Quote:
Originally Posted by Stillbreathing View Post
Links7 you are wrong about her having to pay the full cost. Unfortunately they will both have to pay 1/2 even though she requests it! Welcome to the world were the judge's sole goal is to part both parties from all their money and destroy the kids in the process.
If one believes there is no reasonable reason for a new evaluation, as one was just done and/or there is no material change in circumstance, you may ask that the person requesting the evaluation eat the costs. It is a fairly common tactic to prevent one party from constantly looking for evaluations simply to impose economic issues on the other party or simply waste everyone's time.

The OP should ask that the ex bears the cost. It may be a disincentive for the ex to actually follow through with another evaluation if there is a chance they may have to pay for the whole thing. The other alternative is that you ask that the ex bears the cost, and once complete the deems that there was sufficient change or reason for the evaluation, you will pay your proportional share.
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Old 07-14-2015, 10:44 AM
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Things are going on 3 years. I want to resolve this and I am pushing things to a settlement conference.

STBX's counsel wants another case conference, not a settlement conference. I said no and went ahead and booked settlement conference. OCL seems to be onside.

I see the request for a case conference and another access/custody assessment as a means of dragging things out.

I have had enough, and so have my children. I am obviously upset.

Comments always welcome.
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Old 07-14-2015, 08:46 PM
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What custody scenario did the most recent OCL assessment support?

As Hammerdad suggests, if there has been a material change then perhaps a new assessment will be considered to be appropriate. However without a change, then I think the ex would have a difficult time suggesting a new assessment is necessary.

You may want to familiarize yourself with this caselaw, which does not support new assessments without alleged clinical issues (and has been cited several times since):

Baillie v. Middleton – Applicant's Request for a Custody/Access Assessment CCDB#1286635 – 2012 Carswell Ont 8014 Ontario Superior Court of Justice – Pazaratz J.

https://www.canlii.org/en/on/onsc/do...&resultIndex=2

Also, I can’t seem to upload it, but google Phil Epstein Children’s Issues Cases and Comments and you’ll have his comments as well on the above case, which would appear to support your argument against a new assessment.

Last edited by mcdreamy; 07-14-2015 at 09:47 PM.
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Old 07-15-2015, 12:41 PM
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Quote:
Originally Posted by mcdreamy View Post
What custody scenario did the most recent OCL assessment support?

As Hammerdad suggests, if there has been a material change then perhaps a new assessment will be considered to be appropriate. However without a change, then I think the ex would have a difficult time suggesting a new assessment is necessary.

You may want to familiarize yourself with this caselaw, which does not support new assessments without alleged clinical issues (and has been cited several times since):

Baillie v. Middleton – Applicant's Request for a Custody/Access Assessment CCDB#1286635 – 2012 Carswell Ont 8014 Ontario Superior Court of Justice – Pazaratz J.

https://www.canlii.org/en/on/onsc/do...&resultIndex=2

Also, I can’t seem to upload it, but google Phil Epstein Children’s Issues Cases and Comments and you’ll have his comments as well on the above case, which would appear to support your argument against a new assessment.

Thank you MCDRMY,

the only material change has been that my D14 has moved in with me. The OCL despite having provided disclosure prior to me moving to Toronto ( to be close to my children) have moved from there initial position and were key in me winning primary residence and care of my D14.

The OCL has been clinically afoot of the entire matter, and they see what's happening on a day by day basis. As such, things have moved significantly in my favor in as far as their position on matters.

I think that STBX's lawyer realizes this and hence the desire to "start clean" with a new assessment.

So while the case law you provided is excellent, there have infact been material changes, of which the OCL are fully aware and supportive of.

My argument for no further assessments would be that the OCL is doing just fine and is afoot of matters clinically. I would further argue that another assessment does not serve any purpose other than to delay matters further.

thoughts ?

Last edited by plainNamedDad44; 07-15-2015 at 12:44 PM.
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