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facing the "voluntarily" gave up access argument

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  • #1
    Don’t stress too much about this report. Remember that’s it’s nothing more than expensive toilet paper at this point until such time that the OCL who wrote it is cross examined at trial. In our custody assessment report the assessor also ignored major evidence from the CAS, specialist physicians, police, etc. She even went so far as to write in her report that my father had paranoid schizophrenia. Lol. My dad, a university educated professional has been deceased for 40 years. My STBX never met him . The assessor never met him. The assessor did not stipulate in her report where she gleaned this new earth shattering revelation about my father. It was news to my entire family. I was soooo looking forward to her cross examination at trial ( as where my family who wouldn’t have missed it for the world). Unfortunately, her report is now stale dated so we will most likely not have the memorable opportunity of making her squirm and eat her words in front of the judge.

    So just remember to breathe and don’t let the unproven bs get to you. You’ll find that In family court your STBX won’t be the only one with a screw loose.

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    • #2
      Originally posted by Stillbreathing View Post
      Don’t stress too much about this report. Remember that’s it’s nothing more than expensive toilet paper at this point until such time that the OCL who wrote it is cross examined at trial.
      Made me chuckle but, it is true. Remember everyone, they are assessors not "investigators".

      People often wrongly believe that the OCL "ivestigates" in a forensic manner. They do not. Do not rely upon the OCL ever or a Section 30 assessor. They often get many things wrong. They are not forensic investigators.

      Originally posted by Stillbreathing View Post
      Unfortunately, her report is now stale dated so we will most likely not have the memorable opportunity of making her squirm and eat her words in front of the judge.
      This is often the case. The assessment takes so long that they become useless. Typical time is 2 years... In 2 years a child going from 2 years of age to 4 years is HUGE. Suffice to say... OCL and Section 30 has little value.

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      • #3
        Originally posted by youngdad91 View Post
        What is the best way to address this issue in an OCL report?
        It depends. Generally, 6 months of no action is a milestone for acquiescing custody and access.

        FYI: This 6m time frame is a personal opinion gleamed off a number of mobility cases. I apply it generally because if a court won't return a child who was wrongfully abducted in contravention of Section 283.(1) then, it should apply to most matters of non-contact too.


        Originally posted by youngdad91 View Post
        Particularly when the OCL is trying to say that the interruption in my relationship with the child was with respect to confirming paternity.
        Did you contact the other parent and document it?
        Did you bring a motion during that time?
        Did you involve other 3rd parties in the matter?

        Ultimately I would argue (question) the OCL on what attempts were made by you during that time, being the parent, to have lawful care or charge of the child? They will have to answer and then you produce the evidence to support that you did indeed try to gain lawful care of the child but were denied this. Then the hard question of what the other parent did to harbour the child, conceal, etc... from you during that time? When they have no answer you introduce the evidence.

        Usurping this kind of nonsense from the OCL is easy if you have evidence. Also, I would advise your lawyer to question using the terminology from Section 283.(1) of the CCC (abduction) when talking about any denial of access prior to court intervention. Its just powerful terminology that strikes hard at the subject matter of access denial.

        Trying to correct an OCL or Section 30 report is often a waste of time and reveals your evidence too soon. I would save some for the trial and gobsmack them.

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