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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 02-15-2018, 07:38 PM
youngdad91 youngdad91 is offline
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Default is OCL report required for settlement conference to proceed?

quick background. motion to change custody and access by me.

we have had approx 3 settlement conferences and a few interim motions in between.

eventually OCL was ordered at a 4th settlement conference and they assigned social worker in mid summer of last year.

OCL at first introductory meeting implied she wouldn't be recommending joint custody or equal access before even consents for 3rd parties were signed. I didn't complain and discussed my position and concerns and cooperated with the process. keeping in mind I would have a chance to dispute the issues in court. OCL she wants to be done by October.

Comes October she was still not done.

Finally a Disclosure meeting gets set for early December. sole custody to mom . every other weekend to me. states report will be ready end of december. (at this point we are scheduled for a fifth settlement conference in February 26

comes mid January.. still no report. we follow up and advise of upcoming court date. we get told it will be done in about a week.

Comes 3 weeks later it's still not done. we follow up again and tell them if its not ready then we would have to adjourn. (as in we don't want to delay)

haven't heard a thing yet.

question 1: can sc still proceed without OCL report ? both lawyers and parties know what is being recommended and made thorough notes they took at disclosure meeting

my concern is with status quo. It seems to me OCL been deliberately and specifically dragging this out for as long as possible giving me appointments 1- 2 months apart and procrastinating the final report to continue to build on status quo in mom's favour to strengthen her recommendations.

local court is backlogged and courtdates are 2 - 4 months apart and motions don't get argued until 2 -6 months later, and trials 6 - 10 months later.

question 2. does it make sense to motion for anything in interim or wait until OCL report has been tested in court ? the OCL is reccomending, among other things, access far more than mom is offering and mom won't accept. would a interim order have any kind of effect on final order? would interim motion further delay things and can that reason be used to push back on further motions ?

What questions will judge raise about OCL report readiness ? Doesn't OCL has to give a timeline ? How do we know when to set next court date if we don't know when we will get report ?

will courts entertain. s7 expense motion. without OCL report ?
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Old 02-15-2018, 11:55 PM
Stillbreathing Stillbreathing is offline
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You will need to wait for the actual OCL report in writing and can then make a motion for an order to immediately implement some or all of the recommendations. I don’t think they are deliberately stalling in order to build the status quo in favour of your ex. All things court related move at the excruciating “hurry up and wait” pace.

You or your ex can object to all or some of the report. Until you are both given the opportunity to cross examine the social worker at trial about this report , consider it to be nothing more than expensive toilet paper ( that’s how my lawyer put it).

The problem is that once you finally get to trial, so much time may have passed that the report itself is staledated and no longer applicable. In my case 2 years have passed between each report that neither are any longer applicable to the current circumstances and we are six years into this with no trial date in sight!
OCL reports can be successfully disputed as proven by one of the members on this forum.

Last edited by Stillbreathing; 02-15-2018 at 11:57 PM.
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Old 02-16-2018, 09:40 AM
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Tayken Tayken is offline
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Quote:
Originally Posted by youngdad91 View Post
Comes October she was still not done.
Quite common. Hopefully, you were not the requesting party for the OCL. They are of little value unless there is a clinical concern.

Quote:
Originally Posted by youngdad91 View Post
Comes mid January... still no report.
Surprise! Not really.

Quote:
Originally Posted by youngdad91 View Post
Comes 3 weeks later it's still not done.
Woop woop. You shouldn't be surprised anymore.

Quote:
Originally Posted by youngdad91 View Post
Question 1: Can sc still proceed without OCL report?
Yes, there are things that can be done at a settlement conference still. Especially in setup to a trial. At any time you can convert this to a TMC and set up the trial. Orders for disclosure... Etc...

Quote:
Originally Posted by youngdad91 View Post
My concern is with status quo. It seems to me OCL been deliberately and specifically dragging this out for as long as possible giving me appointments 1- 2 months apart and procrastinating the final report to continue to build on status quo in mom's favour to strengthen her recommendations.
How long, in years, has the status quo been in place. Remember, if it was established under false pretenses (al-la-Izyuk) then, the status quo is meaningless.

Quote:
Originally Posted by youngdad91 View Post
local court is backlogged and courtdates are 2 - 4 months apart and motions don't get argued until 2 -6 months later, and trials 6 - 10 months later.
The trial for you is easily a year away. Maybe 2.

Quote:
Originally Posted by youngdad91 View Post
question 2. does it make sense to motion for anything in interim or wait until OCL report has been tested in court?
No, and if you read the jurisprudence, the court won't act on the OCL recommendations generally on motion. You should be motioning for a trial date to be set.

Quote:
Originally Posted by youngdad91 View Post
the OCL is reccomending, among other things, access far more than mom is offering and mom won't accept. would a interim order have any kind of effect on final order? would interim motion further delay things and can that reason be used to push back on further motions ?
Nope, you screwed up by getting the OCL involved at all. You had all these remedies without them. But, now the OCL screws up everything. Word of caution to all. THE OCL HELPS NO ONE!!!!!!!

Quote:
Originally Posted by youngdad91 View Post
What questions will judge raise about OCL report readiness? Doesn't OCL has to give a timeline? How do we know when to set next court date if we don't know when we will get report?
Judge has no control over the OCL.
No the OCL doesn't have to give a time line.
Set the trial and proceed without the report then and go on what matters. EVIDENCE!

Quote:
Originally Posted by youngdad91 View Post
will courts entertain. s7 expense motion. without OCL report ?
Yes. They would. You can settle that at the conference too. A judge can order S7 without a motion if your form 13's are done.

Good Luck!
Tayken
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