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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
03-13-2011, 08:04 PM
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Challenging the OCL report
Here we go...
After 9 month of waiting and waiting I finally got OCL report what to be honest is quite disappointing. I had big hopes for it but looks like that was another my mistake. So basically what report said. Custody - mother. Visitation father. Reason? Too much conflict between parent. So custody to mum. On a good side report confirm that father and mother love and care about their son and there is not question about fathers parenting abilities... So basically nothing wrong with father but custody to her... Just because too much conflict she has to have custody. I do not understand how the hell it can be. Person make conflict by taking your son away filling application to court, putting all those liyes and because of that she has to have custody? Anyone can explain how with sound mind person can come to such conclusion? So I thinking still go to court and try convinse judge that conflict only can be reduced that both parents have equal rights AND RESPONSIBILITIES. That kid need not visitor but father... Anyone willing to share their experience challenge OCL recommendations? |
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#2
03-13-2011, 08:42 PM
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Search the forum for Office of the Children's Lawyer. There's lots of stuff to read.
Basically you have a very uphill battle ahead of you. The OCL recommendations are ordered in about 80% of cases. |
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#3
03-14-2011, 08:03 AM
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Then look up things like "parallel parenting". OCL report can be challenged, but is difficult to do. Run a search in canlii.org for your assessor to see if this is a common pattern for her regarding the recommendations. Then see if anyone was able to successfully challenge and how they did so.
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#4
03-14-2011, 09:16 AM
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thank you for advice.
That actually first thing what I did when I got name of investigator. To my surprice his last name nowhere to be found on CanLii in relation to family court... Make me thinking thou. Is he complete new or never been challenged? |
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#5
03-14-2011, 10:24 AM
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My OCL report details the alienation that my ex is doing, and the fact that she is causing the conflict and yet they want soul custody to my ex and visitation to me. I know of 3 other guys with the same thing, in the face of conflicted parents, does not matter why there is conflict but they will give a blanket idea of every second weekend and 1 midweek night.
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#6
03-14-2011, 10:30 AM
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Well
I understand that chances are 50/50 but I believe I have to try. At least when little one getting older and start asking questions and ask me "Daddy why you gave up and agree with some stranger that I have to live only with mum" I will have to tell him that I tried to best of my abilities... |
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#7
03-14-2011, 11:00 AM
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From what I have heard, judges do not "rubber stamp" OCL reports, and while they do take them into consideration they are not something that the judge will use to completely decide what is going on. If it is as you say, then just don't agree with the recommendations and try and research as to why the recommendations are not correct, based on the observations. That is what I am doing at least, hope it helps you.
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#8
03-14-2011, 11:12 AM
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Thanks.
That what I thought and hope to. I believe there is only reason why OCL base his recommendation on that it's that he believes that Joint custody work only when there is not conflict between parent. When I believe that Joint Custody with Parallel parenting is very appropriate in conflict situation. So I am collecting case law what confirm my position. Recent case law suggests that joint custody, together with a parallel parenting model, may be a viable option in high conflict cases. The Ontario Court of Appeal decision in Ursic v. Ursic together with subsequent cases revives the notion of Parallel Parenting in high conflict cases. In Ontario, parallel parenting has been ordered in high conflict cases where both parties are capable parents and should have an active role in the upbringing of their child or children and where there is potential for one parent to abuse an order for sole custody In Andrade v. Kennelly, Justice Harvison – Young ordered joint custody and parallel parenting in a high conflict case. The Wife had hostile feelings about the Husband, alleging him to be a sociopath and demanding that he only have supervised access. I actually prepared document and send it to OCL but looks like he do not believe in Joint custody. Keep in touch. May be we can exchange some info. |
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#9
03-14-2011, 01:18 PM
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