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Alternative to OCL and Section 30

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  • Alternative to OCL and Section 30

    Judge ordered the involvement of the OCL, OCL refused the file and said they have closed it. Section 30 is very expensive and it is no no. What else can be done?

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  • #2
    OCL refused the judge's order?

    Has a voice of the child report been done, or is that what the judge was looking for?

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    • #3
      The judge can only request OCLs involvement, but ultimately it's up to OCL if they deem the case worthy.

      Who asked the judge for OCL and why? Maybe they should pay for the service up front and recoup the cost if they're successful.

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      • #4
        Originally posted by blinkandimgone View Post
        OCL refused the judge's order?

        Has a voice of the child report been done, or is that what the judge was looking for?
        Yes, OCL said they can't take the case. Voice of child report is not applicable as the child is less than 12 years old.

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        • #5
          Originally posted by StillPaying View Post
          The judge can only request OCLs involvement, but ultimately it's up to OCL if they deem the case worthy.

          Who asked the judge for OCL and why? Maybe they should pay for the service up front and recoup the cost if they're successful.
          The OP asked the court and I didn't fight it. Judge ordered it anyway and as you said OCL won't take it, so it seems to me that it their preprogative even to accept or refuse a case and the the Judge/court can't force them to accept it?

          Do you mean the OP to pay for section 30? I don't think they can pay for OCL?

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          • #6
            I wouldn't be too quick to try to fix this. If the other party was asking for OCL it was more than likely to bolster their case. Without that report they will have to use something else as merit for their argument against 50/50 or whatever they are trying to do. Let them figure out what they want to do and pay for it. Just keep pushing forward on your case.

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            • #7
              A section 30 is a terrible way to go.
              An OCL investigation is expensive for the OCL and they can be picky about it.

              The OCL process has governance by more than one person.
              A Section 30 report has one person working alone writing the report with virtually no oversight and you are at the assessors mercy.

              When lawyers select an assessor the good ones rig the system by selecting one that they know will investigate or rule for them in a way that doesn't harm their client.
              They can be unpredictable and end up costing a lot more in lawyer fees than the initial upfront fee to the assessor. If you get a bad assessor the lawyers have a ton to fight about.

              What the child says under age 12 is considered not relevant as they are more easily influenced.
              The alternative to the OCL and Section 30 is 50/50 access and decision making and involving a Parental Counsellor. If you want to fight it out again you can do it in a couple of years.

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              • #8
                Originally posted by noteasy View Post
                A section 30 is a terrible way to go.
                An OCL investigation is expensive for the OCL and they can be picky about it.

                The OCL process has governance by more than one person.
                A Section 30 report has one person working alone writing the report with virtually no oversight and you are at the assessors mercy.

                When lawyers select an assessor the good ones rig the system by selecting one that they know will investigate or rule for them in a way that doesn't harm their client.
                They can be unpredictable and end up costing a lot more in lawyer fees than the initial upfront fee to the assessor. If you get a bad assessor the lawyers have a ton to fight about.

                What the child says under age 12 is considered not relevant as they are more easily influenced.
                The alternative to the OCL and Section 30 is 50/50 access and decision making and involving a Parental Counsellor. If you want to fight it out again you can do it in a couple of years.
                Thanks for your insight. I will continue to push for settlement and then trial if no settlement.

                Sent from my Pixel 7 Pro using Tapatalk

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