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Old 08-17-2018, 10:57 AM
theybeparent theybeparent is offline
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Question OCL Section 89 - Child assigned a lawyer

Hello everyone,

I have read many posts regarding the OCL and want to thank this community for all the information shared.

Has anyone had experience with how the lawyer assigned to the child (11) comes to the “position they take on behalf of the child”? They state they are not there to make recommendations but rather to assertsin the child’s views and put the child’s views into context.

Has anyone had experience where the view of the child was presented but the lawyer took a different position on behalf of the child due to “context”. If so what context was significant enough to deviate from the child’s view.
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Old 08-17-2018, 11:11 AM
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What's the concern with respect to the child 's views?
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Originally Posted by theybeparent View Post
Hello everyone,

I have read many posts regarding the OCL and want to thank this community for all the information shared.

Has anyone had experience with how the lawyer assigned to the child (11) comes to the “position they take on behalf of the child”? They state they are not there to make recommendations but rather to assertsin the child’s views and put the child’s views into context.

Has anyone had experience where the view of the child was presented but the lawyer took a different position on behalf of the child due to “context”. If so what context was significant enough to deviate from the child’s view.
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Old 08-17-2018, 11:30 AM
theybeparent theybeparent is offline
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Hi Paco,

The concern is the childs lack of awareness of documented domestic violence and a continuing pattern of DV behaviours (control, coercion, aggression). Parties separated 5 years ago and child doesnt remember the physical abuse. Its continued in subsequent relationships but shes not witnessed. Limited exposure of EOW access. What she does see, I dont know that shed understand as harmful. Abusive people have excellent skills in justifying their behaviour and making it seem normal. If they can convince a full grown woman its okay and she deserves it, a child is all that much more impressionable. Thank you for your reply.
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Old 08-17-2018, 01:21 PM
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So what you're saying is it is not having a negative impact on the child?
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Old 08-17-2018, 01:28 PM
rockscan rockscan is offline
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Are you saying you want the OCL to acknowledge the child witnessed these behaviours when they didnt? Are you attempting to use the OCL or the child as a way to prove the other parent is abusive?

If the child didnt witness the actions then the OCL is not going to include it. If you are the victim and dont want your child to be a victim as well then OCL is not the right avenue. Plus if you are concerned the other parent may abuse the child you need to have evidence and involve CAS not OCL.
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Old 08-17-2018, 01:42 PM
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Quote:
Originally Posted by theybeparent View Post
Hi Paco,

The concern is the childs lack of awareness of documented domestic violence and a continuing pattern of DV behaviours (control, coercion, aggression). Parties separated 5 years ago and child doesnt remember the physical abuse. Its continued in subsequent relationships but shes not witnessed. Limited exposure of EOW access. What she does see, I dont know that shed understand as harmful. Abusive people have excellent skills in justifying their behaviour and making it seem normal. If they can convince a full grown woman its okay and she deserves it, a child is all that much more impressionable. Thank you for your reply.
from what you're saying the child is not aware (she doesn't remember) the abuse parties encountered one with another 5 years ago. If that's the case I believe it is really good that she doesn't remember, she was probably 6 years old at the time parties separated.

You see, same thing here, my eldest child is now 12. At the time we've separated the child was only 6, but the difference is that my ex continually fed the child with imaginary abuse when we were all together to the point that my child is refusing to go on access visits with me. This is reflected in the OCL report as the children picked up on mother's anxiety and fear around the whole situation that she created for herself. In other words, alienation, but OCL are very careful and will not mention "alienation" in their reports and it will depends how the court will interpret my situation. Also, and I think it's very important to mention here when it comes to the "child's view", in our case my ex strongly feels that the children should decide to come or not on visits with me, which OCL is completely in disagreement with mother's wish. At this age (12) a child has not much to say in terms of access, well my child was 11 when refused to come on access.
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