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  • OCL declined to provide service

    I just received a letter from OCL informing us that they've decided that unfortunately they cannot provide service at this time.
    The reasoning of their decision is:
    "a review of the case history indicates that there have been multiple assessments or prolonged litigation. The case materials suggest that there is little possibility that the involvement of the Office of the Children's Lawyer would assist in resolving the matter. We have now closed our file."

    There was only one assessment done in 2013 in the initial litigation which was completed in 2015. My concerns are interference of access of my ex until she terminated the existing access being in place since 2015. So this is the major change since last time OCL involvement. I know that there is no formal way to appeal it but at least I can write a letter to reconsider their decision. What chances are they may change their mind? Any advice of how should I prepare this letter?

  • #2
    sorry. they depleted their remaining budget to my case. jokes aside, need to write a lengthy letter outlining changes since that time, effects on child, and how a neutral party to look into issues to make a recommendation could help bring things to a conclusion. best to have this done by a lawyer.

    if you are being denied access then you shpuld be able to get favourable results from a judge without needing the OCL.

    Comment


    • #3
      Originally posted by trinton View Post
      sorry. they depleted their remaining budget to my case. jokes aside, need to write a lengthy letter outlining changes since that time, effects on child, and how a neutral party to look into issues to make a recommendation could help bring things to a conclusion. best to have this done by a lawyer.

      if you are being denied access then you shpuld be able to get favourable results from a judge without needing the OCL.
      jokes are accepted trinton, anyhow, I motioned her for denied access back in February and a order reestablished access and then I did a separate motion to change final order as amended by the initial order I obtained. As a result for lost access time in the past 2 years I had asked for more access and for OCL involvement due to parental alienation concerns. I guess she's pretty happy that OCL declined service, I just want a know if anyone was successful in having OCL reconsider their decision and what shall I say in my letter to OCL or maybe shall I consider private assessments?

      Comment


      • #4
        If you have 10-25k then a Section 30 assessment may be possible. But, you will have to take on the cost and reserve your right to see the costs of the Section 30. If you are prepared to eat 10-25+k in costs then you can get one ordered.

        I never recommend assessments or OCL anymore. You are best relying upon the facts of the case and not these "professionals".

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        • #5
          Originally posted by trinton View Post
          Sorry. they depleted their remaining budget to my case. jokes aside, need to write a lengthy letter outlining changes since that time, effects on child, and how a neutral party to look into issues to make a recommendation could help bring things to a conclusion. best to have this done by a lawyer.

          if you are being denied access then you shpuld be able to get favourable results from a judge without needing the OCL.
          any good private assessors around Toronto area should I consider?
          Last edited by paco; 07-13-2017, 02:18 PM.

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          • #6
            So OCL rejected their involvement for the 2nd time.
            Since 2 weeks now my ex is pressuring my eldest daughter not to come to access visits, she's 11 years old and technically she's not in that age to decide either or not to come to access, my youngest son is 5. I need an advice, how shall I proceed if my daughter refuses to come with me? The transfer exchange is at the police station today because school is closed for teachers PA day.

            Sent from my LGMS631 using Tapatalk
            Last edited by paco; 09-15-2017, 01:26 PM.

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            • #7
              document and mention Next court date. need a New order for OCL based on Child now refusing access.

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              • #8
                Originally posted by trinton View Post
                document and mention Next court date. need a New order for OCL based on Child now refusing access.
                Thanks Trinton, I have a police report from last week Friday confirming children's refusal to come with me. My next court date is a Case Conference but it's not fixed yet, should I bring a motion instead?

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                • #9
                  What does your lawyer says about motion?

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                  • #10
                    I don't have a lawyer, but my ex has, I may bring a motion on consent before a Case Conference...but I'm not sure if it's procedural okay to have a motion before the Case Conference.

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                    • #11
                      Originally posted by paco View Post
                      I just received a letter from OCL informing us that they've decided that unfortunately they cannot provide service at this time.
                      The reasoning of their decision is:
                      ]"a review of the case history indicates that there have been multiple assessments or prolonged litigation. The case materials suggest that there is little possibility that the involvement of the Office of the Children's Lawyer would assist in resolving the matter. We have now closed our file."

                      There was only one assessment done in 2013 in the initial litigation which was completed in 2015. My concerns are interference of access of my ex until she terminated the existing access being in place since 2015. So this is the major change since last time OCL involvement. I know that there is no formal way to appeal it but at least I can write a letter to reconsider their decision. What chances are they may change their mind? Any advice of how should I prepare this letter?
                      I am thinking they wont get involved due to the length of time your case has been going on. They must feel that no matter what they say, you guys wont settle anything. Did you and your ex settling anything based on their first assessment?

                      Comment


                      • #12
                        Originally posted by standing on the sidelines View Post
                        I am thinking they wont get involved due to the length of time your case has been going on. They must feel that no matter what they say, you guys wont settle anything. Did you and your ex settling anything based on their first assessment?
                        yes, we've settled back on July 2015 based on OCL recommendations at that time, so since then things went from bad to worst in terms of access, slowly but surely my ex canceled on her own few weekends back in 2015, 2016 and culminating with my daughter refusal (all of a sudden) to come to access in February 2017. Then I filled a motion to restore access by taking my children directly from school and granted by a judge on Feb 23 2017 and a 2nd motion to change the final order. In the mean time I had asked OCL twice to intervene and they refused twice, last time they refused was at the end of July 2017. So since then access went smoothly with few hic-ups when last Friday my daughter (11 years old) refused to come with me, she looked frightened, she cried a lot. I asked her several times for what reason she doesn't want to come, and everytime she refused to tell me, but I insisted and finally she told me that she was told by her mom and her grandma if she continue to come to me then somethiung very bad will happen. I didn't tell the cops as I didn't want my kids to suffer beyond their suffering. So the cops provided me with an incident report confirming children's refusal to come with me, my son is only 5 and he was willing to come with me but his sister dragged him in a oposite direction. It's a very very sad situation that my kids are threaten and emotionally abused. So this new situation will move OCL to rethink of their decision? Do I need a new order to appoint OCL? Thank you for reading.

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                        • #13


                          waiting for OCL involvement could take time
                          In the meantime is there someone who could accompany you for pick-ups?

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                          • #14
                            Originally posted by arabian View Post

                            waiting for OCL involvement could take time
                            In the meantime is there someone who could accompany you for pick-ups?
                            No need for someone to accompany me as I pick them up from school and I drop them off at school Monday morning, problem is my daughter just started to refuse to come with me, she told me last Friday crying that she was threaten by her grandmom and her mom that if she continue to come to me than something very bad will happen. I never saw my daughter so frighten like she was last week. So I explained her that nobody is forcing her to come with me, that I miss them and I love them both and I will wait for them next weekend. I tried to get my son with me instead , he's only 5 but his sister draged him in the opposite direction, it was a very sad scene. I just can't stay and do nothing watching how my kids are threaten and emotionally abused. I just don't know if how OCL will react, I'm scared to deny involvement again and I can't afford a private assesor to activate section 30 of family law rules. I'm waiting on police report from last Friday children's refusal. Thanks Arabian for reading, just my heart is broken.....

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                            • #15
                              Originally posted by paco View Post
                              No need for someone to accompany me as I pick them up from school and I drop them off at school Monday morning, problem is my daughter just started to refuse to come with me, she told me last Friday crying that she was threaten by her grandmom and her mom that if she continue to come to me than something very bad will happen. I never saw my daughter so frighten like she was last week. So I explained her that nobody is forcing her to come with me, that I miss them and I love them both and I will wait for them next weekend. I tried to get my son with me instead , he's only 5 but his sister draged him in the opposite direction, it was a very sad scene. I just can't stay and do nothing watching how my kids are threaten and emotionally abused. I just don't know if how OCL will react, I'm scared to deny involvement again and I can't afford a private assesor to activate section 30 of family law rules. I'm waiting on police report from last Friday children's refusal. Thanks Arabian for reading, just my heart is broken.....


                              If you pick up from school how did she refuse? You went to be school and she said no so you left your children there? I'm not really understanding how this happened if exchanges are done at the school? I understand she may have been upset but if you were at the school they should have came with you. I don't know how OCL will view this because mom didn't deny you access if you left the children at the school. Many kids don't want to leave after school and would rather stay and play on the equipment but parents don't leave them there. It would have been a tough situation for sure seeing your daughter upset but I don't think leaving them there was the right thing to do...


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