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  • Timelines OCL

    Okay, so the court said the OCL was "stuck to the timelines". Everything had to be completed by December 2012. I had my appointment for the disclosure meeting in December. OCL had to cancel out last minute, so no meeting occurred. Haven't heard a word since. What the heck?! Now what? There is no response at all from their office and tomorrow is February. So, what does it really mean to be stuck to the timelines...anything? It has been almost a year and a half since they were ordered to begin with.

  • #2
    What sort of OCL did you have?
    If your children were young, then a assessor (social worker) would have been appointed under Rule 21 of the Courts of Justice Act Family Law Rules.

    If your children are older, then the OCL will appoint a lawyer under section 112 of the courts of justice act.

    Now if you fall under Rule 21: Report of the Children's Lawyer, then rule
    21RULE 21: REPORT OF CHILDREN’S LAWYER
    REPORT OF CHILDREN’S LAWYER
    21. When the Children’s Lawyer investigates and reports on custody of or access to a child under section 112 of the Courts of Justice Act,
    (a) the Children’s Lawyer shall first serve notice on the parties and file it;
    (b) the parties shall, from the time they are served with the notice, serve the Children’s Lawyer with every document in the case that involves the child’s custody, access, support, health or education, as if the Children’s Lawyer were a party in the case;
    (c) the Children’s Lawyer has the same rights as a party to document disclosure (rule 19) and questioning witnesses (rule 20) about any matter involving the child’s custody, access, support, health or education;
    (d) within 90 days after serving the notice under clause (a), the Children’s Lawyer shall serve a report on the parties and file it;
    (e) within 30 days after being served with the report, a party may serve and file a statement disputing anything in it; and
    (f) the trial shall not be held and the court shall not make a final order in the case until the Courts of Justice Act - O. Reg. 114/99 Page 57 of 123

    If you fall under 112
    Investigation and report of Children’s Lawyer
    112.(1)In a proceeding under the Divorce Act (Canada) or the Children’s Law Reform Act in which a question concerning custody of or access to a child is before the court, the Children’s Lawyer may cause an investigation to be made and may report and make recommendations to the court on all matters concerning custody of or access to the child and the child’s support and education. R.S.O. 1990, c. C.43, s. 112 (1); 1994, c. 27, s. 43 (2).
    Idem
    (2)The Children’s Lawyer may act under subsection (1) on his or her own initiative, at the
    request of a court or at the request of any person. R.S.O. 1990, c. C.43, s. 112 (2); 1994, c. 27,s. 43 (2).
    Report as evidence
    (3)An affidavit of the person making the investigation, verifying the report as to facts that are within the person’s knowledge and setting out the source of the person’s information and belief as to other facts, with the report attached as an exhibit thereto, shall be served on the parties and filed and on being filed shall form part of the evidence at the hearing of the proceeding. R.S.O. 1990, c. C.43, s. 112 (3).
    Attendance on report
    (4)Where a party to the proceeding disputes the facts set out in the report, the Children’s Lawyer shall if directed by the court, and may when not so directed, attend the hearing on behalf of the child and cause the person who made the investigation to attend as a witness. R.S.O. 1990, c. C.43, s. 112 (4); 1994, c. 27, s. 43 (2).

    So in summary, check your notice of involvement and see which one you fall under, if it's rule 21, then they have 90 days.
    They never get it done in 90 days and so always ask for an extension, but I have never heard of it taking a year for a report.

    If its the other there is no time line, but I would think a year is enough.
    You arguement is either the other party isn't cooperating or OCL is stalling to help build status quo.

    Whats your situation we can see if people can advise you on what to do.
    Last edited by involveddad75; 01-31-2013, 09:10 PM. Reason: formating

    Comment


    • #3
      Thank you involveddad. Well it has been over a year. My children are older so a lawyer was appointed however, a CI did become involved. Once the CI became involved though, the judge told said the timelines need to be strictly adhered to (December) as they had already taken a significant amount of time. Stalling actually works in my children's and mine favour, however, I am anxious to just have it done and over with, and curious as to my above question; What the heck?!

      Comment


      • #4
        Originally posted by madm82 View Post
        Thank you involveddad. Well it has been over a year. My children are older so a lawyer was appointed however, a CI did become involved. Once the CI became involved though, the judge told said the timelines need to be strictly adhered to (December) as they had already taken a significant amount of time. Stalling actually works in my children's and mine favour, however, I am anxious to just have it done and over with, and curious as to my above question; What the heck?!
        I would call the lawyer, not the OCL office but the children's lawyer that was assigned. And ask where things are? You could go back to court and ask the lawyer to make a report on the status of the process.
        I take it by your statement that you have primary access?

        Comment

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