Originally posted by paco
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Defeating an unfair and biased OCL report
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Sample letter to OCL assessor requesting full disclosure.
Note: Only send this after the report has been filed in court.
Things can change between the disclosure meeting (where the assessor states her recommendations and when the report is filed. Also thing that occur at the disclosure meeting can show up in the report.
Sample letters:
Attn: Provincial Manager of Clinical Services
14th Floor
393 University Avenue
Toronto, On
M5GIW9
CC: Regional Manage
CC: Assessor
Re: Case Description (party 1 last name v. party 2 last name)
Court File Number: XXXXXX
OCL File Number: XXXXX.YYYY
I am writing to respectfully request a copy of Assessor Name CV as well the start date of when the assessor started conducting OCL assessments.
A copy of all source material, and complete personal notes from all interviews, observations, and telephone calls regarding this assessment as well as questions that were asked and things that were said. This would also include all case notes and records from all third party individuals such as the police and the CAS, and doctors and schools.
I am hear by informing the assessor and the OCL that I am disputing the OCL report.
Thank you.
I add the request for the start date as my OCL had never conducted an OCL assessment before mine. Something I suspected and later confirmed.
Again this is a sample letter, refine it for your individual case.
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Correct, but if you tell them you are disputing it then they may allow a dispute to be put in, in my case I told them I was disputing, wrote my dispute and decided not to send it to them. I instead told them that the report needed to be tested at trial. I kept my cards close to me until trial.
But in order to prepare for trial you need to understand all the information the OCL had when they made the recommendations.
I would also search Canlii and see if the assessor has been referenced in any other cases.
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Thanks a lot, as soon I finish my case conference brief documents I will fill that letter to OCL and i'll send it to them, so my ex is hurrying up now at case conf, she's asking the judge for a custody order to be made based on OCL recommendations, what's your advise, I need cross-examination of all witnesses.
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Excellent, I didn't know that, God bless you for this info...thank you, I feel kind of relaxed now knowing that I still have some time to prepare for the big battle. Now, my ex's counsel is looking to get settlement conf and trial together, is this something good or bad?
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I'm the applicant and I have no ideea how to prepare the trial, I let my former lawyer go last November after I found that she's at the 2nd personal divorce and simply didn't want to get more involved with my custody battle,and also she is $300/hr "experienced" lawyer
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Ok, so you need to get a full copy of all the court papers and affidavits that have been served by now. Perhaps contact the old lawyer and ask for a full copy if nothing much has happened since nov it might be ok.
If not then go to the court house and ask for a complete copy of the continuing record minus anything you already have.
Check the table of contents for your case.
Make sure you have everything. Don't worry about old case conference briefs, but you also need a copy of all orders thus far.
Start reading the act.
Divorce Act (Section 16(10) Maximum contact)
Courts of Justice Act - Family Law Rules
Children's Law Reform Act (Section 24)
Family Law Act, R.S.O. 1990, c. F.3
And for good measure (Rules of Civil Procedure) Courts of Justice Act - R.R.O. 1990, Reg
The last one is for more complex issues and deals with more than family courts.
Although I have provided references to important sections you should read the acts in full.
Once you have continuing record complete, then you need to start preparing the trial record.
See Family Law rules Section 23 (trial record)
You have a lot of reading to do and a lot of preparing to do. Preparing for trial is something anyone can do with the right conviction. The right conviction is to focus on the children and not on the ex.
You need to move on with the idea that she planned this, that she's out to take everything from you, etc. etc. etc. So what that she took the children to shelter. So what if she continues to make false allegations.
What you should focus on is I am involved, have been involved, I want to continue to be involved. I am a good parent. The children need a relationship with both parents. I respect the other parents way of parenting. I have my own way of parenting. We need a court order that allows the children to have two homes.
Focus on the fact that your case is about including the other parent and the other parents case is about excluding you.
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As you are the application at each and every case conference you should be speaking first, if the other side tries to drive the agenda stand up and remind them that you are the applicant. If the judge tells you not to speak and speaks to the lawyer, respectfully ask the judge "for the record, I am the applicant, and as such I am the moving party at this case conference, as such may I speak first.
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I have all the court copies from my former lawyer, I asked before letting her go, so my first case conf should be something formal right? It's next month, in about two weeks.
Oh, one thing I want to ask, is it worth it to fill a complaint against my ex's counsel through Law Society of upper Canada for misconduct by advising her client to take children away from me considering that I was willing to meet with her and my ex to put a separation agreement in place, so I consider that an abuse from a family lawyer, what you think?
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Thanks a lot, God bless you, I'll follow your instructions to prepare for trial and filling that letter to OCL, you gave me some relief by the info you just provided. Thank you..and keep in touch, this forum is amazing.
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