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  • A separate lawyer for child

    When would it be a good time to get a lawyer for the child involved in the custody case?

  • #2
    You have to apply to have one appointed, you can't pay for one. Do a search for Office of the Children's Lawyer.

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    • #3
      She has facto right now, and I am just wondering when would it be important, or necessary to try to have one appointed.

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      • #4
        Unless there is a whole lot of conflict, or abuse then you won't get one. Do a search online or look here The Office of the Children's Lawyer - Ministry of the Attorney General

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        • #5
          That is not entirely true. My ex and I started with joint, there had been some conflict but we had been able to work out major issues, school etc. OCL was assigned and an assessment was completed within 9 months.

          there is a spot to request one on the case conference forms. Full that part in and bring it up in court with your judge.

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          • #6
            Then maybe you were one of the lucky ones to get accepted Pharah.

            Almost every separation has conflict, which is why I said there had to be lots. Are we really splitting hairs here?

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            • #7
              I am not splitting hairs, I am speaking from my experience with the OCL and I don't think luck had anything to do with it.

              GOS: Ask for the assessment, if you get declined so be it. Otherwise the OCL will assign someone for the assessment.

              GL

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              • #8
                In my situation there is a LOT of conflict with the ex. Sent in the application to the OCL and was declined.

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                • #9
                  Pharah, looking at your first few posts there was a lot of conflict in your case. Your ex called CAS and accused you of alienation. Regardless of whether it was true or not, those are things the court doesn't take lightly and usually investigates with the OCL.

                  I do agree that there is no reason not to apply for OCL involvement, but suggest that the OP continue to try to come to an agreement in the meantime. Don't wait on an answer from OCL, as getting that can take 2-4 months typically.

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                  • #10
                    Thank you very much, what would the application be called? And where to get one? Also, what is the OCL? These were all very helpful, thank you. Do any of you know about disclosure of evidence for me and her, or is that just shown at the trial for custody?

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                    • #11
                      The forms are available at the Ministry of the Attorney General - OCL website referred to by billiechic.

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                      • #12
                        the form asks for all kinds of info about the marital history, child care etc. You will also be asked to sign permission for all professionals (doctors, school, etc) to allow the OCL to contact and receive information from these parties.

                        If you have other evidence that supports your position, you should provide this to the OCL caseworker once you meet them.

                        if/when you get accepted, make sure you sit down with your lawyer to discuss how to best present your case.

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