child custody evaluation

[Edward]

Do they have child custody evaluators in Canada and if they do, how do you get one?

[Stargate]

You have to get an Order from a Judge to recommend the OCL (Office of the Childrens Lawyer) to get involved in a custody case. Even if a Judge recommends the OCL get involved they can turn down the request (although this does not happen in most cases).

[Edward]

You have to get an Order from a Judge to recommend the OCL (Office of the Childrens Lawyer) to get involved in a custody case. Even if a Judge recommends the OCL get involved they can turn down the request (although this does not happen in most cases).

Thanks for reply

So in Canada it is called Childrens Lawyer?

When you say they can turn down the request, who is they? The OCL?

[Stargate]

It's title is : "Office of the Children's Lawyer" otherwise known as OCL.

The OCL is not required to follow a Judge's recommendation. It evaluates each case it decides to take or reject. Most often than not it does follow the Judge's recommendation.

If your case is accepted expect a 3 to 4 month wait time for the evaluation by the OCL and then another month or two after that to render it's recommendation back to the Court.

[Edward]

Thanks for the info

[Cobourg]

There are other options to the OCL.
During a recent motion, I requested that we have an assessment performed by a court sanctioned group.
The initial cost was $400 split between my ex and myself. She did not want it, but the judge ordered it. Lot's of paperwork required. The balance, about $2600 is due when the work is completed. They bill out at $100 per hour for an extimated 30 hours. My research indicates that the courts take the recomendations of these proffesionals very seriously. As I am looking to increase my access to my two kids aged 10 and 11, this was the route I chose due to the fact the OCL can take a long time to get involved(if they get involved at all). The assessement, once started should take about 90 days to complete. At that point, I pay the balance of the money and hopefully get the result I want. The judge also ordered that the final costs should be shared by us out of the equalization payment. She was not happy about that. I will share that positive result with my ex and she will then let me have the access I should have had all along.....not. I will then need to bring a motion and the judge should grant me the access I should have had all along.
If you contact your local court they should be able to provide you with the names of options other than the OCL. You will have to pay for them, but you will get a result (good or bad) much sooner.

[Stargate]

There are other options to the OCL.
During a recent motion, I requested that we have an assessment performed by a court sanctioned group.
The initial cost was $400 split between my ex and myself. She did not want it, but the judge ordered it. Lot's of paperwork required. The balance, about $2600 is due when the work is completed. They bill out at $100 per hour for an extimated 30 hours. My research indicates that the courts take the recomendations of these proffesionals very seriously. As I am looking to increase my access to my two kids aged 10 and 11, this was the route I chose due to the fact the OCL can take a long time to get involved(if they get involved at all). The assessement, once started should take about 90 days to complete. At that point, I pay the balance of the money and hopefully get the result I want. The judge also ordered that the final costs should be shared by us out of the equalization payment. She was not happy about that. I will share that positive result with my ex and she will then let me have the access I should have had all along.....not. I will then need to bring a motion and the judge should grant me the access I should have had all along.
If you contact your local court they should be able to provide you with the names of options other than the OCL. You will have to pay for them, but you will get a result (good or bad) much sooner.

OCL is free.

[Cobourg]

OCL is free, but they may not want to take the case. They are not mandated to take the case, even if the judge asks.
They also might not tell you that they will not take your case for 3 months.
Lots of time wasted....status quo starts to set in.....

[Stargate]

OCL does take most cases assigned to it through a Judge.

[Edward]

How likely is the judge to allow OCL (or even a court sanctioned group) when you ask for it?

[Stargate]

Usually over disagreements between the parties in custody cases (especially with younger children) most Judges will recommend the intervention/report from the OCL. You do have to request such to the Court though.

[Cobourg]

In my case, I was the one that wanted an assessment, and the Ex didn't. I had to file a motion and get her into court so that the judge could order it. I even offered to pay the entire cost up front and then based on the outcome, share the cost. She also refused that. In the end the judge ordered it and she has to pay her "proportional share" at the conclusion.
During our motion our judge seemed very interested to know why she did not want the assessement. It is also my understanding, like Stargate's, that most judges do order assessements because of the courts mandate to look after "the best interests of the children".

[Edward]

I mentioned it to my wife and she said no way. She may be worried they will "discover" her anger problems.

But my lawyer told me OCL may cost $8000-15000

[Cobourg]

I have always been told that the OCL is a free service.
I don't know that for a fact, but it was what I always understood.
In any case, that seems like a huge amount.
To put it in perspective, I am being billed $100 per hour for a 30 hour (average) assessment, performed by a court sanctioned "private" company.
My ex also did not want it. I assume for similar reasons to yours.

[Stargate]

........
But my lawyer told me OCL may cost $8000-15000

Get another lawyer.