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custody/access requests from OCL vs court requests

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  • custody/access requests from OCL vs court requests

    am working on OCL intake documents and wondering.. it asks you to specifcy what custody/access terms you are seeking your court order..

    what if you are amending your pleadings or have plans to amend your pleedings.. does that need to be done before you make a new request to OCL or do you make those requests in your OCL documents and emend the pleadings later?

  • #2
    what if you are amending your pleadings or have plans to amend your pleedings.. does that need to be done before you make a new request to OCL or do you make those requests in your OCL documents and emend the pleadings later?
    The OCL will request a copy of pleadings.

    The intake document is not intended to confound you. Tell them what you want, and if that is not reflected in your court documents, amend them promptly. You have a month or two before the OCL will confirm if they are taking the case and longer until a social worker or lawyer (or both) is appointed.

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    • #3
      Originally posted by OrleansLawyer View Post
      The OCL will request a copy of pleadings.

      The intake document is not intended to confound you. Tell them what you want, and if that is not reflected in your court documents, amend them promptly You have a month or two before the OCL will confirm if they are taking the case and longer until a social worker or lawyer (or both) is appointed.
      what exactly does amend them promptly mean - do you mean amend them while I'm waiting for the OCL to be involved / after or NOW ?

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      • #4
        what exactly does amend them promptly mean - do you mean amend them while I'm waiting for the OCL to be involved / after or NOW ?
        If you want to amend pleadings why have you not already done it? Delay serves no purpose.

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        • #5
          Originally posted by OrleansLawyer View Post
          If you want to amend pleadings why have you not already done it? Delay serves no purpose.
          truthfully, initially the judge said it make no sense unless i proved a material change first, then I was forced to bring a Christmas motion and that took priority, and then her old lawyer and my new lawyer decided to not to do a focus hearing on issue of material change and to set the matter back for a settlement conference, my lawyer going to set a motion to amend returnable at settlement conference but we proceeded with settlement conference asking for amended terms, we asked for OCL at settlement conference and we were directed and granted leave by judge to bring OCL motion as other party would not agree to OCL .. basically just other priority issues/motions kept coming up and never really gotten around to actually amending the pleadings.

          Seems I need to file a motion for amendment and send that to the OCL ?

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