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  • OCL involvement denied by judge

    In a nutshell here is my case:

    Have had joint custody order and physical joint custody for over 2 years.
    Model parent, involved in S9's schooling, extracurricular, basically everything.
    Have had a stable home with child since separation, ex has moved around 3 times.
    Ex married her affair partner, had a child and is preg again.
    S9 has gone to the same school for years now, doing great, has a large extended family here in Toronto.


    Ex wants to move him to the US, where hubby is from and has a family business at. Has made many false allegations about my parenting/living environment, none of which are true.

    Ex is seeking sole custody to reduce my time and then make the move.




    Sooooooooooo, had first case conference, judge was clueless, clearly didn't read our briefs. Judge denied both parties request to have the OCL involved, simply because she said it would take too long for them to become involved.


    I was hoping for the OCL to be involved and see that everything she has said is a lie and it is not in our sons best interests to uproot him from everything in his life.


    How much will not having the OCL involved hurt me?


    I have much proof to show that she is lying, but was hoping for expert testimony.


    Thanks in advanced.

  • #2
    Letgoandletgod, ( I apologize if this is not you)

    OCL does take several months at least, it may be too long to assist in a relocation case.

    Wouldn’t your ex have a high hurdle to jump proving it’s in kid’s best interest to move out of the country? I believe the burden is on her to prove why the move should be allowed.

    Comment


    • #3
      No judge in their right mind will allow one joint custodial parent to move a child away from the other, unless she proves that your sheer evil.

      Comment


      • #4
        Try again to get the OCL involved by 14B.

        Comment


        • #5
          Originally posted by PeacefulMoments View Post
          Letgoandletgod, ( I apologize if this is not you)

          OCL does take several months at least, it may be too long to assist in a relocation case.

          Wouldn’t your ex have a high hurdle to jump proving it’s in kid’s best interest to move out of the country? I believe the burden is on her to prove why the move should be allowed.

          Yes that is me, thanks for your input. Well I would assume so yes, she's fighting an uphill battle. She also has bi-polar disorder. He has no biological family over there, all of them are here.

          Comment


          • #6
            Originally posted by plainNamedDad44 View Post
            Try again to get the OCL involved by 14B.

            Thanks for your perspective, I hope you're right. The 14b form says "Acceptance of Offer to Settle", not sure if I'm looking at the right form. Have any of you dealt with the OCL before?

            Comment


            • #7
              Originally posted by Fatherof1 View Post
              Thanks for your perspective, I hope you're right. The 14b form says "Acceptance of Offer to Settle", not sure if I'm looking at the right form. Have any of you dealt with the OCL before?
              14B is a procedural motion. your looking at the wrong form. The OCL was involved in my matter from 2013 to 2017. 4 years. Its because of them my 4 children live with me full time.

              Comment


              • #8
                Originally posted by plainNamedDad44 View Post
                14B is a procedural motion. your looking at the wrong form. The OCL was involved in my matter from 2013 to 2017. 4 years. Its because of them my 4 children live with me full time.

                Oh thx for clearing that up. I'm not sure where I stand. Judging on what many have said on this board, the OCL doesn't sound like the great thing I initially thought.


                This 14B form, wouldn't it be tossed since the case conference judge already denied the request?

                Comment


                • #9
                  I don't think the OCL would help you here. I can only speak from my experience, but the OCL clinician didn't spend a lot of time researching anything. It was two 1 hour face to face meetings, one 40min observation with the kids. She called our daycare, doctor and contacted the school board. My impression was that the interviews were not in depth.

                  During my case conference, the judge didn't really seem to want to get involved. I got the impression that this was just a hoop to jump through, they varify that there is a case that isn't frivolous and they pass it on to the next stage.

                  I agree with the previous posters and from what I have read, believe that she would have to have a substantial case to justify the removal of the children from a situation that works to another country. I believe she would need to prove that there has been a material change to justify the change from the status quo and need to prove that the move would benefit the children. I think this would be an uphill climb for her.

                  Comment


                  • #10
                    And it is on her to prove this....keep being involved and make sure that if they were in x activity they stay in x activity. Nothing should change for the kids.

                    Good luck

                    Comment


                    • #11
                      Originally posted by Fatherofgirls View Post
                      I don't think the OCL would help you here. I can only speak from my experience, but the OCL clinician didn't spend a lot of time researching anything. It was two 1 hour face to face meetings, one 40min observation with the kids. She called our daycare, doctor and contacted the school board. My impression was that the interviews were not in depth.

                      During my case conference, the judge didn't really seem to want to get involved. I got the impression that this was just a hoop to jump through, they varify that there is a case that isn't frivolous and they pass it on to the next stage.

                      I agree with the previous posters and from what I have read, believe that she would have to have a substantial case to justify the removal of the children from a situation that works to another country. I believe she would need to prove that there has been a material change to justify the change from the status quo and need to prove that the move would benefit the children. I think this would be an uphill climb for her.

                      Yes, I have no criminal history, I'm responsible and have kept things very stable in my household for my son. His grandparents and uncle also live with us and he's lived with them most of his life so that helps.


                      She might only be pursuing sole custody at the trial, but has already stated in her application that she intends to relocate to the states.



                      Made many lies about living conditions and feeding, all of which are untrue.


                      If I were in her shoes I think the only thing I'd be able to do IS to lie, because she has no good reason to try to uproot our child from his great life here.


                      It's all about her remarriage and wanting me out of the picture.

                      Comment


                      • #12
                        Originally posted by good_mom View Post
                        And it is on her to prove this....keep being involved and make sure that if they were in x activity they stay in x activity. Nothing should change for the kids.

                        Good luck

                        Thanks, I am as involved as can be and will always be, I won't accept anything less than 50/50 so this will definitely go to trial unless she changes her mind. Thank you for your well wishes. Son is always signed up to extracurricular and we always do things around the city so he is very involved in the community and has a diverse life.

                        Comment

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