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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 10-21-2021, 04:12 PM
pinkHouses pinkHouses is offline
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Default 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?
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Old 10-21-2021, 10:15 PM
rockscan rockscan is offline
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How old are the kids?
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Old 10-21-2021, 10:21 PM
pinkHouses pinkHouses is offline
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11 and 14 (in 2 months)
It would be about the 14 year old
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Old 10-22-2021, 07:02 AM
rockscan rockscan is offline
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Theres no point for either assessment. They are old enough to make their own decisions.
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Old 10-22-2021, 08:43 AM
Stillbreathing Stillbreathing is offline
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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.
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Old 10-22-2021, 09:22 AM
LMum LMum is offline
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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.
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Old 10-22-2021, 10:30 AM
arbortrail22 arbortrail22 is offline
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Is a kid at 12 saying the want to live with one parent or another a material change?
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Old 10-22-2021, 10:56 AM
rockscan rockscan is offline
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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 others 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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Old 10-22-2021, 01:44 PM
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Tayken Tayken is offline
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Section 30 is a waste of time and money for 99.99% of cases.
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Old 10-22-2021, 01:54 PM
Brampton33 Brampton33 is offline
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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?
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