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  • Section 30

    If a Section 30 is done and years later there are change and accusations made does that mean one of the parties can force another Section 30 (expensive) or does OCL do it?

  • #2
    How old are the kids?

    Comment


    • #3
      11 and 14 (in 2 months)
      It would be about the 14 year old

      Comment


      • #4
        There’s no point for either assessment. They are old enough to make their own decisions.

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        • #5
          What Rocksan said is not entirely true. My lawyer made it very clear that the court considers a child old enough to make their own decisions at age 18. That being said, the older the teen, the more weight the court gives their wishes. Judges are extremely reluctant to make radical changes in custody or to order police enforcement of visitation with older teens, even in cases with a possibility of alienation. This is because teens have a mind of their own and in some cases have committed suicide in direct response to a judge ordering them to see a parent they don’t want to see. Judges are very cautious when it comes to teens but this does not mean a reversal of custody or an order for reunification therapy cannot be made.

          The 11 year old’s wishes may be taken into consideration but likely given little weight. The 14 year old’s wishes will be given more weight but an order may still be made that child does not agree with. The problem is, by the time the assessment is completed most likely a year or more will have passed and you’re now looking at a 15 year old.

          Yes one of the parties can request an updated S30 assessment or updated OCL report but they cannot force it. The judge is the one who ultimately makes that decision based on the arguments brought before them.

          Comment


          • #6
            I agree with Stillbreathing on this. At age 11 my son decided he wanted to live with me, without getting into to much details why. Eventually I got served and at the first Case Conference the judge request we ask OCL to become involved. You have to fill out an intake form and they don't always take the case.

            In our case they did, and they really listened to my son and his views and wishes. They sided in my favour, and I say that lightly since it was my sons wishes that was respected.

            That all being said, he was not old enough to decide and the "system" had to make recommendations for us.

            Comment


            • #7
              Is a kid at 12 saying the want to live with one parent or another a material change?

              Comment


              • #8
                I made my comment based on a few things PH had mentioned in previous threads. I have a feeling kid has chosen to live with PH and ex may come back demanding kid move home to avoid paying support. In this case, I feel (not a lawyer) that it would be a waste of money to have an assessment done to have kid stay with PH if they wanted it. If the ex is demanding it to avoid changing support, fight it as not needed.

                I find it to be a waste of time and money to do an assessment to prove to the ex kid should stay with you. Call the other’s bluff. Let them demand and pay for it or let a judge decide. File your paperwork to update support and go from there.

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                • #9
                  Section 30 is a waste of time and money for 99.99% of cases.

                  Comment


                  • #10
                    Originally posted by Brampton33 View Post
                    The law favours equal parenting unless its impractical to do so (ie: distance) or there is a legitimate threat to the health/safety of a child. At 12, it is still too young to separate an equal parenting plan.

                    Section 30 and OCL reports are a waste of time and money. My ex pleaded for such a report. When it did not go her way, she said it was garbage. Wonder if she would have been singing the same tune if it did go her way?

                    Hey B33, so when you state distance as an issue what distance are you referring to please?

                    We are in the same city, 25 minutes away by car, so thats not an issue re equal parenting, correct?

                    Im at EOW and 3 hours on alternate weeks for one evening, but we are in court again in November.

                    My game plan is to increase time obviously

                    Comment


                    • #11
                      Originally posted by Tayken View Post
                      Section 30 is a waste of time and money for 99.99% of cases.
                      Yes they are.

                      I could instantly tell what a grift it was when the lawyers were trying to get the other to agree to this assessor or that assessor.....for many of them the outcome was almost certainly determined.

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                      • #12
                        Originally posted by Brampton33 View Post
                        Section 30 and OCL reports: Often requested by a party because they want a star piece of evidence. Ironically, my ex begged the court for one and was granted one after a few SCs. The report sided with me, and then my ex responds to the court saying its a piece of garbage. With these reports, they can be expensive, and even worse, eat up a year or more into your litigation as you wait for the report to be concluded, which can add fuel to any "status-quo" arguments.
                        I'm confused, just cause she said it was a piece of garbage doesn't mean that it is. Don't judges give value and clout to an OCL report?

                        Comment


                        • #13
                          Originally posted by LMum View Post
                          I'm confused, just cause she said it was a piece of garbage doesn't mean that it is. Don't judges give value and clout to an OCL report?
                          Depends on the judge. The experienced Family Law justices don't rely on them deeply these days. Ever since WorkingDad leveled an OCL report... In fact Pazaratz exact quote was "devastating" when he commented on his cross examination of the OCL investigator. :O

                          OCL has changed their tune after having a few of their "investigators" crushed in decisions.

                          OCL and Section 30 is not a rubber stamp. That is why they are a waste of time. At best they may bring matters to settlement.

                          Section 30 "ass-essors" are huge grifters as already pointed out.

                          Comment


                          • #14
                            Originally posted by Brampton33 View Post
                            What is also important to consider is that these assessments can take a significant amount of time, bringing your case to a grinding halt while it is being undertaken. For my case, it took a full year between the assessment being ordered and being back in front of a judge with the results.
                            9 times out of 10 they just create more conflict and increase costs to reach settlement. Parents go on defense mode and then focus on attacking the results. I find they just fuel the fire of conflict in most situations.

                            Comment

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