Announcement

Collapse
No announcement yet.

Tips for dealing with Children's Lawyer & Clinical Assist

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Tips for dealing with Children's Lawyer & Clinical Assist

    Has anyone else already gone through or are going through an experience where the children were appointed their own lawyer section 89 and a clinical assist is working with their lawyer on the case.

    I'd love to learn more, share tips etc.

    I have gotten no indication from them whether or not they are willing to file a report through affidavit, whether we will be allowed access to the notes etc. I have no idea what is going on now in their investigation, I am afraid to ask and be seen as interfering or stirring the pot.

    The children's lawyer does seem to try to interrupt or take charge of any court action next steps, again I thought they are supposed to just be there to give the preference of the children. Not sure why they'd interfere in requests for SC's or to try and adjourn motions etc.

    At time of appointment, the children's lawyer said he was adding a clinical assist so that I could cross-examine them at trial but now I read they'd had to agree to file the report in an affidavit, what if they are unwilling?

  • #2
    Nobody has had a situation where their child/ren were appointed their own lawyer...scary!

    Comment


    • #3
      Originally posted by DontGiveUp View Post
      Nobody has had a situation where their child/ren were appointed their own lawyer...scary!
      I recommend you search the forum. There are a number of threads already addressing this material. Maybe if you did some research prior to posting you would get a better response from people.

      Comment


      • #4
        Tayken, I have have done the searches, I only found threads in regards to the standard OCL appointments. In this matter the judge appointed the children a children's lawyer under sec 89.
        Last edited by DontGiveUp; 06-25-2014, 07:07 AM.

        Comment


        • #5
          Hi thanes,

          In this matter the judge appointed the OCL to represent the children through until trial with their own Children's Lawyer. A little bit different scenario than you touch upon but yes so far this Lawyer likes to talk and take control of everything.

          Comment


          • #6
            Originally posted by DontGiveUp View Post
            Tayken, I have have done the searches, I only found threads in regards to the standard OCL appointments. In this matter the judge appointed the children a children's lawyer under sec 89.
            Actually, there is information as the situation you are discussing is quite common. Especially when children are over the age of 12 in the matter.

            Comment


            • #7
              Tayken,

              Do you know how best to do a search on here that filters our the typical OCL appointment type threads?

              Only one child is over 12 now.

              Comment


              • #8
                Originally posted by DontGiveUp View Post
                Has anyone else already gone through or are going through an experience where the children were appointed their own lawyer section 89 and a clinical assist is working with their lawyer on the case.

                I'd love to learn more, share tips etc.

                I have gotten no indication from them whether or not they are willing to file a report through affidavit, whether we will be allowed access to the notes etc. I have no idea what is going on now in their investigation, I am afraid to ask and be seen as interfering or stirring the pot.

                The children's lawyer does seem to try to interrupt or take charge of any court action next steps, again I thought they are supposed to just be there to give the preference of the children. Not sure why they'd interfere in requests for SC's or to try and adjourn motions etc.

                At time of appointment, the children's lawyer said he was adding a clinical assist so that I could cross-examine them at trial but now I read they'd had to agree to file the report in an affidavit, what if they are unwilling?
                DGUp,

                I am in the same boat. OCL with clinical assist. PM me and we can discuss. More.

                Comment


                • #9
                  I'm not sure I understand what the difference is with the lawyer being referred to here... can someone explain?

                  Comment


                  • #10
                    And a link to section 89 please.

                    Comment


                    • #11
                      Serene, under section 89, a judge can appoint a lawyer to be the legal representation of the minor(s) in a court proceeding who is not a party to a proceeding unlike in a majority of situations where section 112 is ordered, where the OCL is appointed to just investigate and providing findings and opinion in regards to the best interests of the children to the court:

                      RSO CHAPTER C.43 as amended by SO 1994, c. 12, s. 37 etc.
                      89.-(1) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint a Children's Lawyer for Ontario. 1994, c. 27, s. 43(1).

                      (2) No person shall be appointed as Children's Lawyer unless he or she has been a member of the bar of one of the provinces or territories of Canada for at least ten years or, for an aggregate of at least ten years, has been a member of such a bar or served as a judge anywhere in Canada after being a member of such a bar. 1994, c. 12, s. 37; 1994, c.27, s.43(2).

                      (3) Where required to do so by an Act or the rules of court, the Children's Lawyer shall act as litigation guardian of a minor or other person who is a party to a proceeding. 1994, c. 12, s. 37; 1994, c.27, s.43(2).

                      (3.1) At the request of a court, the Children's Lawyer may act as the legal representative of a minor or other person who is not a party to a proceeding. 1994, c. 12, s. 37; 1999, c.12, Sched. B, s. 4(1).

                      (4) The same costs as are payable to litigation guardians are payable to the Children's Lawyer and costs recovered by the Children's Lawyer shall be paid into the Consolidated Revenue Fund. 1994, c. 27, s. 43(2).

                      (5) The Children's Lawyer shall not be required to give security for costs in any proceeding. 1994, c. 27, s. 43(2).

                      (6) Where a person for whom the Children's Lawyer has acted is interested in a mortgage held by the Accountant of the Superior Court of Justice, the Children's Lawyer shall take reasonable care to ensure that,
                      (a) money payable on the mortgage is promptly paid;
                      (b) the mortgaged property is kept properly insured; and
                      (c) taxes on the mortgaged property are promptly paid, 1994, c. 27, s. 43(2); 1996, c.25, s.9(13).

                      (7) Money received by the Children's Lawyer on behalf of a person for whom he or she acts shall, unless the court orders otherwise, be paid into court to the credit of the person entitled. 1994, c. 27, s. 43(2)

                      (8) Where the amount payable into court under subsection (7) is to be ascertained by the deduction of unassessed costs from a fund, the Children's Lawyer may require the costs to be assessed forthwith. 1994, c. 27, s. 43(2).

                      (9) The Provincial Auditor shall examine and report on the accounts and financial transactions of the Children's Lawyer. 1994, c. 27, s. 43(2).

                      Comment


                      • #12
                        OCL just submitted an affidavit against my motion looking for an interim order for some additional access time in the form of shared holidays, vacation time etc. Wow they went from a disclosure meeting of saying the kids want and should have more time with me to they feel the status quo remain in effect until trial and more evidence is presented. Corrupt, corrupt, corrupt

                        Comment


                        • #13
                          I am awaiting my second interview. I believe the mother will be interviewed before me. So I want to summarize a number of the inconsistencies among all the affidavits in a letter to the OCL assessor.

                          I've been advised they can't look at anything that is not in the court record but this would be a summary just pointing out places where some of the lies are quite apparent.

                          Is that something she (the assessor) can look at and accept? If so would I copy the Ex's lawyer on that too?

                          I am a little hesitant to cc the lawyer as its powerful stuff and I've been told to hold my cards until I need to play them. But I think this summary in OCL hands could drive this thing to a settlement.

                          Any thoughts on the OCL rules about receiving correspondence?

                          Comment


                          • #14
                            It's my understanding that the best thing you can do with the OCL is to focus on proving that you are a good and caring parent to your child, and a reasonable and positive person in general. Someone whose primary agenda appears to be badmouthing their ex, ahead of their own interview, won't make a good first impression, and that will be hard to overcome no matter how well you do at the interview.

                            Is there a better way you can subtly highlight your ex's manipulations during the interview itself?

                            For example, if the ex has claimed that you never went on holidays with the kids, have pictures of you with the kids on vacation to show the OCL assessor. Don't say "look, see, the ex is lying!" say "we went to wherever and had an awesome time, here's me swimming with them in the ocean!"

                            Comment


                            • #15
                              So the difference being here is - I am saying nothing negative about the mother. She has accused me of being verbally abusive but in four accounts of the same incident provides three very different accounts. She was highly strategic in taking the claim to authorities ...waited more than a year from the incident but only a day after a dispute about custody.

                              I want to simply highlight the inherent inconsistencies in her claims against me. I otherwise hold her up to be a fine mother. Iam not fighting the small stuff....


                              Sent from my iPad using Tapatalk

                              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