Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > General Chat

General Chat This forum is for discussing anything that doesn't fit into another forum, or for discussing things that are off topic, or just for general venting.

Closed Thread
 
LinkBack Thread Tools
  #21 (permalink)  
Old 01-15-2008, 06:24 PM
dadtotheend's Avatar
Senior Member
 
Join Date: Jul 2007
Location: Toronto
Posts: 3,644
dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
Default

Has anyone ever had the OCL recommendations materially set aside by a judge? My ex seems convinced that the OCL receommendations don't matter. I think she's not seeing things as they are.

We have a settlement conference very soon and she is of the mind that "things can only can better for her" vs the status quo, which is time spent roughly equally. Sole custody has been recommended for me.
  #22 (permalink)  
Old 01-30-2008, 11:20 PM
Senior Member
 
Join Date: Jan 2008
Posts: 285
singledad99 is on a distinguished road
Default

I am just working on my response to oppose the motion brought forward by my wife to reverse the custody order in her favour. My lawyer is going to ask for OCL appointment. She is also telling me that OCL recommendation is only one out of many other factors that the judges consider before issuing a judgement.
  #23 (permalink)  
Old 01-31-2008, 10:48 PM
sufferer's Avatar
Senior Member
 
Join Date: Nov 2006
Posts: 336
sufferer is on a distinguished road
Default Hi

You need to have the grounds before requesting for OCL involvement.If your ex also agrees then Judge might give you a order to file the application but OCL might refuse to take the case.Why are you so much worried about he custody.The courts are unlikely to change the status quo so chill.
  #24 (permalink)  
Old 01-31-2008, 11:15 PM
dadtotheend's Avatar
Senior Member
 
Join Date: Jul 2007
Location: Toronto
Posts: 3,644
dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
Default

The OCL, being of limited resources tends to take on high conflict, extreme type cases i.e. substance abuse, mental illness.

From your limited description, it does odd that your lawyer has suggested getting the OCL involved.
  #25 (permalink)  
Old 02-07-2008, 10:20 PM
littleman's Avatar
Senior Member
 
Join Date: Nov 2005
Location: OTTAWA
Posts: 552
littleman is on a distinguished road
Default

OCL is for the children only not for the fueding parents.......OCL deals with children and their wishes.....not what a parent wants....they can see through if a child has been prompted or coersed into it...usually OCL is opted for children who are above the age of 12 or maturity level is above that.......not for younger ones......when I went through my custody the judge advised me that if my child wanted to change the order it would be up to me to contact OCL after he reached 12 to have an OCL work with him and I WOULD NOT be part of it..........three years later my child has not asked for OCL to be involved (although came close a few times) but not as of to date.......
hope that helps........
  #26 (permalink)  
Old 05-12-2008, 10:55 PM
dadtotheend's Avatar
Senior Member
 
Join Date: Jul 2007
Location: Toronto
Posts: 3,644
dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
Default

Just to close this out...

Obtained sole custody at a trial management conference.

Looking back over the past year and a while, it was not intrusive in a day to day sense, just always an event coming up - numerous OCL appointments and case conferences and settlement conferences and trial management conference and motions. You always feel that your life is at the mercy of the glacial court system.

I don't feel like a winner, just very relieved. I anticipated that there would be a letdown after it was over, and there has been, but boy am I glad it's over.

Two pearls of wisdom have stuck with me throughout this, both provided by a lawyer who spoke at the Family Information Session that everyone is supposed to go through at the outset of a court application.

The lawyer said to a group of around 100 people...

1)You're going through a life changing process, don't let it be a life defining process.

(That's difficult to do in the midst of it, but good advice)

2)Now that you're in the court process, you should have one objective and that is to get out of the court process.

(Didn't manage to do that one very effectively, but again, great advice.


All the best to everyone and thanks for this web site.
  #27 (permalink)  
Old 05-21-2010, 07:52 PM
Senior Member
 
Join Date: May 2010
Posts: 639
LostFather is on a distinguished road
Default

Yes, this is a late reply, but yes, the OCL was in my favor or Joint Custody and equal access and the judge ignored it.
  #28 (permalink)  
Old 05-22-2010, 06:09 AM
dadtotheend's Avatar
Senior Member
 
Join Date: Jul 2007
Location: Toronto
Posts: 3,644
dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
Default

Was that at trial, or at a conference?
  #29 (permalink)  
Old 05-22-2010, 11:33 AM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

Perhaps motion...
  #30 (permalink)  
Old 05-22-2010, 11:42 AM
dadtotheend's Avatar
Senior Member
 
Join Date: Jul 2007
Location: Toronto
Posts: 3,644
dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
Default

What I was driving at was the OCL recommnations carry considerable weight and it would be quite a lot more conceivable that the recommendations would be dismissed on consent of the parties at a conference where they would not be scrutinized the way they would at a trial.

In other words, he may have settled based on an judge's opinion and not a rigorous courtroom test at trial. If so, it would have been on his consent, notwithstanding that pressure may have been exerted on him by the judge.

A motion does not deal with all the issues, but focuses on interim relief until the matter is heard at trial or settled. But it is part of the continuing record and is formal. So I would be very surprised if a judge formally dismissed the OCL recommendations at a motion where they wouldn't have been subjected to such scrutiny.

It's also possible that the recommendations became stale-dated if the matter was allowed to drag through case management for a long enough time after the report was issued.

I asked a friend who used to be a clinical investigator at the OCL how often the OCL recommendations are implemented and she told me informally that they are followed 80% of the time. Another friend familiar with the OCL confirmed that.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Separation Agreement - Round 2 About_Time Divorce & Family Law 1 06-22-2007 07:43 AM
Joint custody OB1 Divorce & Family Law 6 06-28-2006 07:50 PM
Parenting Courses logicalvelocity Parenting Issues 9 11-04-2005 06:34 PM


All times are GMT -4. The time now is 03:15 AM.