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OCL's recommedations and trial

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  • sjandme
    Apparently I misread the OCL ... my lawyer tells me that the OCL's input is very much in my favour. So I hope that her recommendations DO carry a lot of weight.

    My lawyer has also argued against the OCL in the past - so he agreed it wasn't a "slam dunk". [Hmm... I can't recall if he claimed success or not.]

    We both agreed that this particular OCL came across as highly professional, concientious, fair-minded, etc. etc. (My stbx had told me her chief recommendation was for us to get back together. I think he was in another zone if he heard that.)

    Oddly... I dug around at CANLII and noticed that they have been together at court before - opposing sides - no representing the OCL.

    Lawyers.... what a profession.

    BTW... it would be great if that is where the buck would stop. But I guess there are several reasons why it cannot or should not - once the OCL has done their bit.
    Last edited by sjandme; 04-22-2013, 02:31 PM.

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  • Mess
    Originally posted by worldscollided View Post
    Can a judge at a case conference or settlement conference just order the OCL's recommendation and make the decision to not got to trial for everyone? Is it really in anyone's best interest to try and argue third party recommedations?
    If a statement is not challenged, then a judge must accept it as fact. The judge is not there to do your arguments for you.

    If you have grounds to challenge the OCL assessment, then do it. If you don't, then the judge will accept it as is.

    I can't speak for what any number of people have done in the past. I can say that if you make a challenge based on fact and logic, it will be heard.

    No judge can make an order at a case conference or settlement conference if you don't agree. There can sometimes be a lot of pressure, and you have to be careful that you don't agree to something inadvertantly.

    The exception is proceedural orders, like you have to provide a financial disclosure, etc. Judges can make those without consent.

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  • NBDad
    It's almost impossible to challenge a properly written, well researched and well put together OCL assessment.

    Luckily, 99% of them DO NOT fall into that category.

    WorkingDad's is a beautiful example of how a pro se litigant can successfully challenge OCL findings properly.

    Most of the time you'll focus on things like

    Did the assessor followup with all the players? Did they speak to the school, etc. (Depending on the issues, etc)

    Did the assessor base their findings on fact, or on "the hope" that one party will improve post litigation.

    What are their reasons behind the recommendations? It's not enough for them to just say "it should be X". They have to provide the reasoning behind the recommendation.

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  • mom2three
    Working Dad is the man! I won't post his case; that is his prerogative. But if you research his posts, you will find debunking an OCL report can be done.

    Judges cannot make decisions at a conference if the parties are not in agreement. They can give an opinion as to how they perceive an issue will be ordered by another judge. They can only make an endorsement though on issues that the parties are in agreement of.

    If the lawyer is 'pushing', it is on direction of the client. When a client says enough is enough, the lawyer is obligated to follow that instruction, not go off willy nilly; it would be of no benefit for a lawyer to do so anyways unless he/she has become the newest morality police.

    Good luck!

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  • FB_
    It is possible to fight the OCL assessment.

    Someone on this board has done it although at the moment I can't find out who it was.

    If I find it I will post the thread.

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  • worldscollided
    started a topic OCL's recommedations and trial

    OCL's recommedations and trial

    ok, so I think I am going to ask a pretty stupid question but I just can't seem to wrap my head around this. If the OCL's recommendations carry so much weight why do people continue to litigate? I have reviewed cases on Canlii that involve the OCL and high conflict cases (such is mine) and the judge tends to go with the OCL's recommendation from what I have read anyway. I know I will get many different opinions on this, which is fine. There is no one answer I imagine. Can a judge at a case conference or settlement conference just order the OCL's recommendation and make the decision to not got to trial for everyone? Is it really in anyone's best interest to try and argue third party recommedations? Is is the lawyer or the client that does more of the pushing for a trial. My ex keeps threatening trial and, depending on OCL's recs, I just don't know why he would. Thanks so much.
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