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  • OCL In Home Observation of just the one party?

    Hi all,

    Now represented by a lawyer and Children's Lawyer has now brought on social work assist. I am the Applicant seeking a motion to change / vary existing separation agreement in regards to increased acces (close to / equal to 50%) / shared custody.

    The Children's Lawyer and Assessor so far are only scheduling an in-home visit / observation not with my ex. I feel that is because I have made all my pleadings about the best interest's of the children and tried not to be all about her vindictiveness or parenting, concern of parental alienation thanks to her now new hubby etc.

    What is your opinion on this? Should I be pushing hard for the OCL to do a in-home evaluation / observation with them as well? Should I be concerned they online want to do it with me. Is this odd or not? Appreciate any feedback. My lawyer just said: oh it's just because you are the only one pursuing a significant increase in access and the OCL just wants to see how you parent and how the children respond / interact with you. Mind you my lawyer is new to my case and hasn't been able to review all the background and documents yet.

    As you may recall, I've experienced what I believe is some bias from the Children's Lawyer from my first meeting and now a social work assist has be brought in by this individual as well.
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  • #2
    Go along with it. You are requesting the change.
    Demonstrate how well the children are with you. I haven't seen your materials or the information you presented to the OCL or the court with regards to the motion to change, so I can't comment on that, but I would be looking at this as an opportunity to show that you are a good parent, that you want both parents involved.
    Demonstrate this by showing the children's bedrooms, which I would hope have pictures of your ex (there mother in them).
    Don't bad mouth the mother to anyone instead report concerns as to the behaviour. And ask for direction and guidance.

    I take it that the OCL is involved as part of section 89, not 112
    As such no report, but they can only talk about the children's views.
    If they start commenting about how well the children are doing that is leading into BIOC and request the OCL stop.
    Remind them they are only to report on the views and preferences.
    If the clinical assist wishes to give background information, and or comment on BIOC then the OCL needs to function under 112 and a report along with disclosure needs to be made.

    You didn't provide ages in the post.

    Hopefully they come back and report the children want to spend more time with you.

    Good luck.

    Comment


    • #3
      Thanks, the children are 12 and 9 respectively. Children were appointed their own lawyer on section 89. After initial interviews, their lawyer requested an assist be brought on. Assist has interviewed both parties and the children but now wants an in home visit just with me. I find unbalance and bias in that and wondered if that is very normal or not?

      Unfortunately I have no pictures of their Mom in my home and I assume she has none of me especially being remarried and with conflict with her husband who is behind all this drama.

      Comment


      • #4
        If you have old pictures understandable they aren't up to date.
        Even pictures 6 or more years old is understandable. If not don't worry about it.
        If the children tell you about life over at moms, engage in the conversation, without questioning further, and converse that the children have two homes.

        Comment


        • #5
          Why would you expect them to view the kids in the other house. You haven't asked them to take the kids away from the other parent. You have asked that you be permitted more time. It's not bias it's your opportunity to shine.... Take it and use it well.

          Comment


          • #6
            Thanks for the feedback InvolvedDad. I am not comfortable with pictures of her in my home and the boys have never asked. We've been separated 6 yrs and she is since remarried. I was never even invited in to her home to see where the boys live, we have a high conflict relationship at this point, pictures would be fake and too much. If the boys wanted it or needed it, I would support that but they haven't. They talk to her any evening they are not with her just like they do when not with me.

            FB_, I'm new to this but whenever I've heard of in home visits I've always heard of in both households. Technically no I am not asking for the kids to be taken away from them but I am asking for the children to go from less than 25% of the time with me to 50% of the time with me including during the school week is all. I just want to ensure the process is as unbiased as possible.

            Comment


            • #7
              Show that you have a long term plan in place for the children to go back and forth from school.

              Comment


              • #8
                Originally posted by DontGiveUp View Post

                FB_, I'm new to this but whenever I've heard of in home visits I've always heard of in both households. Technically no I am not asking for the kids to be taken away from them but I am asking for the children to go from less than 25% of the time with me to 50% of the time with me including during the school week is all. I just want to ensure the process is as unbiased as possible.
                This is most likely because in most cases it's the initial determination of where the kids are to be. The courts would need an opinion on both houses to determine the best interests of the children.

                In your case the courts need to know why it's in the best interest of the children to spend more time with you. It sounds like you wish to make the situation better for the kids by having equal access to them. Again you are not asking for Sole custody or primary residence. You are not arguing that the other house is not suitable. The only thing you are trying to prove is that it's in the kids best interest to spend more time with you. So the court wants to hear why and have assigned an elevator to give their opinion.

                Again take this opportunity to prove that you will provide your kids with everything they need to be healthy and happy.

                Comment


                • #9
                  Thank you both for the thoughts.

                  Comment


                  • #10
                    Originally posted by DontGiveUp View Post
                    Thank you both for the thoughts.
                    You're welcome and good luck.

                    Comment


                    • #11
                      Good luck, keep us informed as to how it goes.

                      Comment

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