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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?

  • #2
    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.

    Comment


    • #3
      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.

      Comment


      • #4
        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?

        Comment


        • #5
          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.

          Comment


          • #6
            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...

            Comment


            • #7
              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.

              Comment


              • #8
                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.

                Comment


                • #9
                  Originally posted by fireweb13 View Post
                  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.
                  That's interesting. They recommended sole custody for me and that's what happened.

                  Originally posted by fireweb13 View Post
                  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.
                  I have it on good authority from a number of OCL investigators that I have spoken with off the record that the court orders their recommnedations 80% of the time.

                  Comment


                  • #10
                    DDTE,
                    Did your ex had sole custody before the OCL investigation? Was your case considered "high conflict"?

                    Comment


                    • #11
                      There was no custody order in place when we had the assessment.

                      Ours was a high conflict case.

                      Comment


                      • #12
                        Were the kids with you at that time mainly or with your ex?

                        (just trying to figure out my chances weighting what I read on canlii and here. It's a complete mess, it looks like judges throwing cubes when they make an order, or maybe there is some correlation)

                        Thanks!

                        Comment


                        • #13
                          With my situation, my ex actually chose NOT to participate, which essentially made things a lock as far as the report was concerned.

                          (Whereas I cooperated fully).

                          Currently we have "joint legal" custody, though residential care and control is with me. She gets EOW.

                          Comment


                          • #14
                            Originally posted by WorkingDAD View Post
                            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?
                            In my case there was an Ocl. ..went in my favor for joint custody and equal access. Even though there was conflict...recommendations for parallel parenting...judge ignored Ocl...all to mom I get every second weekend one night through the week and a big child support bill to pay....oh and her court costs...the system is biased towards men...if that Ocl was in favor of mom there is no way in hell that the judge would ignore it....just face it dads are little more than a paycheck to moms plain and simple...its not about what's right its about making someone pay...and in the vast majority of the case..its dad.

                            Even armed with an Ocl that this woman spent many hours and days between house holds...judge with no qualifcations. ..no phd. ..over rides that report and flushed down the toilet...11 months and thousands of dollars.

                            My judge...Lynch was either asleep at the wheel or biased....maybe incompetent. ..or all three...the end result is tragic...and fathers across our Country are being discriminated against on a daily basis really unless you have endless amounts of money....or mom has needles sticking out of her arm...we're basically screwed as a father...and treated little more than a visitor..that has ro pay his toll to see his toll children.

                            Comment


                            • #15
                              Originally posted by rszalai View Post
                              Were the kids with you at that time mainly or with your ex?

                              (just trying to figure out my chances weighting what I read on canlii and here. It's a complete mess, it looks like judges throwing cubes when they make an order, or maybe there is some correlation)

                              Thanks!
                              dtte his case is not the norm no matter what he tries tell you...if you don't win...as far as he is concerned you didn't do enough to win....if his was the norm my guess is that there wouldn't be all of us dads in here with the same stories and outcomes.....are there success stories...yes there are....but don't let their success stories pull you down into thinking that you dis not win because it was something you did...not to win your case...in fact when you're battling an already biased system it makes it that much harder to win the race when you leg is chained to the starting gate....one poster said it right...he will explain to his child that he did all he could do....i would go one step further and explain to the child it was mom who would let dad see them more.....courts do not have to happen....outrageous crippling child support does not have to happen...if one paren't chooses to abuse or use the system then that is their choice...

                              The thing is when take away money from dad and give it to mom..when the children are with you...then are you not taking the money away from the children? I can see cs if moms not working or income significantly lower than dad...but what about when mom makes as much as or greater than dad...and really mom is getting the children one day week more than dad...and still ordered to pay full guidelines....how is that helping the children?

                              The system is biased...and broken...and outdated, us fathers need to fix it...because until it really affects woman in negative way...not just the odd woman whom pays (and believe me they cry when they pay) us dads will continue to be paychecks not only in the eyes of the courts but to moms as well....what are we Teaching our children?.......sorry for the rant....little off topic..

                              Comment

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