Announcement

Collapse
No announcement yet.

ocl involvement after final court order/ normal?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • ocl involvement after final court order/ normal?

    I am in the end stages of an ocl report 5 years after a final court order, done on consent, after a change of notice that i initiated for change of support.

    After a major change in employment and income i served a notice of change on my ex. Our final order gave us joint/shared custody with 60/40 access. All was good as it could be.

    i asked for offset in support as her income has increased, which i presumed is a very normal motion.

    wow was i wrong!! It was like pulling a bandaid off of a unhealed wound. She replied asking for full custody and more money and then the battle was on again.

    She immediately stopped all access and so i served a motion to have the final court order enforced. After waiting 30 days for the judge to make a decision, i was shocked to read i had lost almost all access and the ocl was being involved.

    After being very distraught with judge decisions early in my divorce, feeling like i had to prove all over again i was a worthy parent for my son is hard to take.

    So question is, 1) any information/advice on how drastically the ocl can affect custody after so many years of having a final court order.
    2) after a change in income is it common for the whole litigation process to reset?

    Thanks

  • #2
    Originally posted by kev_b View Post
    1) any information/advice on how drastically the ocl can affect custody after so many years of having a final court order.
    For the OCL to be involved and conducting an investigation into the incidents of custody and access the Respondent in your matter would have had to demonstrate a "material change in circumstance" with regards to the "best interests" of the children involved.

    To disrupt a status quo requires significant cogent, tangible and relevant evidence to negative parental conduct that is not within the children's "best interests" as defined in the Children's Law Reform Act of Ontario.

    Custody and access is *never* a FINAL decision. On a "material change in circumstance" either parent can bring forward an Application and everything can be re-adjusted but, only with regard to the "best interests" as clearly stated in the Children's Law Reform Act of Ontario.

    I highly recommend you read the FLR and CLRA as soon as possible to understand the Rules governing "best interests" (test). The Respondent in your matter would have had to bring significant evidence to disrupt a status quo that you described.

    Originally posted by kev_b View Post
    2) after a change in income is it common for the whole litigation process to reset?
    See above comments to #1.

    Good Luck!
    Tayken

    Comment


    • #3
      Originally posted by kev_b View Post
      I am in the end stages of an ocl report 5 years after a final court order, done on consent, after a change of notice that i initiated for change of support.

      After a major change in employment and income i served a notice of change on my ex. Our final order gave us joint/shared custody with 60/40 access. All was good as it could be.

      i asked for offset in support as her income has increased, which i presumed is a very normal motion.

      wow was i wrong!! It was like pulling a bandaid off of a unhealed wound. She replied asking for full custody and more money and then the battle was on again.

      She immediately stopped all access and so i served a motion to have the final court order enforced. After waiting 30 days for the judge to make a decision, i was shocked to read i had lost almost all access and the ocl was being involved.

      After being very distraught with judge decisions early in my divorce, feeling like i had to prove all over again i was a worthy parent for my son is hard to take.

      So question is, 1) any information/advice on how drastically the ocl can affect custody after so many years of having a final court order.
      2) after a change in income is it common for the whole litigation process to reset?

      Thanks
      Wait a second- something is wrong here.

      If you have an order fro joint custody she can't just make the order "null and void" and stop your access.

      What am I missing here?

      Comment


      • #4
        Originally posted by danzuchy View Post
        Wait a second- something is wrong here.

        If you have an order fro joint custody she can't just make the order "null and void" and stop your access.

        What am I missing here?
        It would require a significant "material change in circumstance" for any parent to conduct themselves in this manner without first obtaining a court order. If the parent can provide cogent, relevant and tangible evidence to support their conduct by restricting (or eliminating access) then the conduct may be deemed within the children's "best interests".

        Again, the situation would have to be extreme in my opinion. When parents conduct themselves in this manner with false allegations, unsubstantiated claims and clearly demonstrating irrationality and potentially untreated anxiety the courts will address it.

        Proving on a prima facia basis that children should be removed from a parent is not an easy task and rarely do these "stunts" work in the "long run" if done as a tactic to create a biased and unfair "status quo".

        Good Luck!
        Tayken

        Comment


        • #5
          Proving on a prima facia basis that children should be removed from a parent is not an easy task and rarely do these "stunts" work in the "long run" if done as a tactic to create a biased and unfair "status quo".
          Further commenting on this, OCL involvement often works to undo efforts by one parent to attempt to win through fog of war tactics. The OCL report, as coming from a neutral professional, is not a guarantee of the result but is usually given the weight it deserves.

          Comment

          Our Divorce Forums
          Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
          Working...
          X