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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 10-30-2013, 10:06 AM
dp24 dp24 is offline
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Default OCL bias, what can be done?

Hello,

Thanks for taking the time to read.
Re: OCL Report

I am the the grandfather and it is my son and his child that I am speaking of.
The OCL was requested by my son and also the CAS. The OCL from the outset used a very heavy hand and made my 19 year old son feel like he needed to settle even though it was not the best interest of the child at that time....(4 months old at this time and in his care).
Under this pressure he attempted to settle to no avail. After the child, still a stationary baby returned from access for the third time with facial injuries my son discontinued access at the mothers home. The mother was under supervised access by her grandfather. Police assistance was required on 2 occasions over this OCL investigation to have the mother comply with the order (supervision). This was a catch 22 for my son as the supervisor is an ex hells angels biker. He has been charged multiple times with organized crime. So him as the supervisor was pointless.....Back to court: The judge agreed and removed the grandfather as supervisor, then appointed my wife and my mother as supervisors in our homes.
There were screaming signs that the mother was still heavily into drugs yet the OCL would have none of it. Instead he continued to criticize CAS and the local police as there reports were not fitting his narrative.
The OCL was late every time and canceled on short notice. The interviews lasted on average 20-30 minutes instead of the 60-90 that he initially stated they would be.
On the final interviews he clearly stated that he disagreed with the Judge and CAS as to the supervision stipulation. He asked all involved to convince him as to why supervision was needed.
During this time the mother had submitted an affidavit asking to have shared custody and taking the child to a new city 6 hours away. The reason for this she claimed she would be attending college in this town. The OCL easily could have discovered that this was impossible as the mother had been expelled from school 2 months earlier and was not eligible to attend college.....
The OCL was put on hold by CAS to investigate the facial injuries, this really angered the OCL. The findings were as expected, inconclusive as there is no way to prove how the injuries occurred. During a visit with the OCL he expressed that CAS was not doing there job and that they failed to investigate properly, so none of the facial injuries would be addressed in his report.
During the summer however the mother could not keep her habits hidden anymore, she had been evicted from her grandfathers home, changed residences weekly and had no fixed address several times through the summer. In August the mother ended up on the front page of newspapers across Canada after being beat and video taped for the world to see. The reason for the assault was that the mother stole an ipad and sold it at a local pawn shop, and then used the proceeds to purchase Fentanly.
The OCL is aware of all this including the fact that this girl has no parents as both committed suicide 7 years apart and on the same day. The events around this selfish acts are worse than you can imagine and I will not elaborate on the details. However hard it is to understand why one would abuse drugs, wonder not in this case......
These facts are all part of the continuing record.The OCL just submitted an official report just days ago stating that he abandoned the recommendation, he claims CAS and local police as being uncooperative, also briefly pointing out that the mother failed to attend several meetings including the final interview. The judge has already made a final order in the case, 6 weeks ago....Full custody to my son, supervised access for the mother at my son's discretion.
This decision was so clear, I cannot for the life of me understand the OCL's complete ignorance of what has been going on. The summary he submitted really bothers me as it is riddled with factual inaccuracies and also lacking significant details. The OCL added his own context and words to police reports, that are completely inaccurate. He further discussed that the mother completed drug screening and was clean...he mentions this 3 times, however he fails to mention it was my son who came forward said they were both involved with drugs. It was he that volunteered to be drug tested and the mother had no choice but to follow his leed....He tested clean as well...but no mention....Further to that the mother missed her last screening and was forced to start over...no mention of that.
The OCL discuss' a police report about me and my son where i called the police to report him missing in 2010, and at that time my son enters a local youth program rebound voluntarily......However the OCL does not mention a police report of a Knife attack from Dec 2012 involving the mother and possibly the 6 week old child......I don't get it
After all this venting what can be done and what would you do about the OCL report that is now part of the record. I no that my son has had a resounding decision and a rare one at that (19 year old male ending with full custody of an infant).....but I just do not believe the OCL report should be let go....I believe it should be challenged......can this be done at this stage and should it be done?
Almost forgot this young mom has 2 close blood relatives...that's it, her Grandfather and Grandmother who are divorced.....The OCL never once considered and even refused to talk to her grandmother...Her grandmother wanted to talk to him and express the drug use and mental state. The mother also confided in me and expressed that the OCL spent more time with her grandfather comparing tattoos than he did with her.

BTW this young mom is part of our family... forever and we are doing everything in our power to get her help, we have facilitated plans for her to enter Portage rehab. We are supplying her clothing for this and all transportation. We are making sure she has time with her daughter, most importantly we were doing this before the OCL or case was decided....against the advice of many....but I sleep better knowing we are helping my grand daughters mother.....no regrets
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  #2  
Old 10-30-2013, 01:57 PM
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wretchedotis wretchedotis is offline
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OCL reports are not the final say.

You can challenge them. You can hire experts to write up a second/third report. These may / may not result in the same findings.

You can challenge an OCL report based on bias, methodology, data, or the authors' credentials.

Search the forum for WorkingDad's successful challenge of his report. He was able to use 'best interests of the child', and the authors' misunderstanding of 'parallel parenting' in order to make the OCL investigator look quite foolish when testifying on the stand.

Good luck!
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  #3  
Old 10-30-2013, 02:24 PM
dp24 dp24 is offline
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Quote:
Originally Posted by wretchedotis View Post
OCL reports are not the final say.

You can challenge them. You can hire experts to write up a second/third report. These may / may not result in the same findings.

You can challenge an OCL report based on bias, methodology, data, or the authors' credentials.

Search the forum for WorkingDad's successful challenge of his report. He was able to use 'best interests of the child', and the authors' misunderstanding of 'parallel parenting' in order to make the OCL investigator look quite foolish when testifying on the stand.

Good luck!
Thanks wretchedotis,

I will look that up. What I don't understand is why the OCL submitted a report after the final decision. The OCL had clearly stated that he was withdrawing then out of nowhere comes this, 2months after he said he was withdrawing. There was no meeting as to the findings and no recommendation. It maybe that I am overreacting, but now that this is part of the record and the case is settled....does it even matter? ..... Can this report be used again?...say like in a year from now and most importantly would you or others just let this stand?

Thanks
Steve
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  #4  
Old 10-30-2013, 02:28 PM
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plainNamedDad44 plainNamedDad44 is offline
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Holy Long post batman.

Your son has sole custody. Does it matter what the OCL says ? If this becomes a material issue, then if they were than incompetent, it should be easily proven I would think at a motion or trial.
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  #5  
Old 10-30-2013, 06:26 PM
dp24 dp24 is offline
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There is a final order...the deal is effectively over. I am worried that if left unchallenged that it could be misconstrued as an admission of fact. I am very confident that bias can be shown...and cross examination would be an absolute debacle for the OCL....we have be very meticulous with documentation.... However there probably will not be another court date anytime soon and not until the mother wants to go back.

I guess what I am trying to determine is can the OCL be held accountable, and if so should I assist my son in doing so.....It scares me that this individual decides and alters peoples lives..
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Old 10-30-2013, 08:00 PM
MS Mom MS Mom is offline
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Quote:
Originally Posted by dp24 View Post
There is a final order...the deal is effectively over. I am worried that if left unchallenged that it could be misconstrued as an admission of fact. I am very confident that bias can be shown...and cross examination would be an absolute debacle for the OCL....we have be very meticulous with documentation.... However there probably will not be another court date anytime soon and not until the mother wants to go back.

I guess what I am trying to determine is can the OCL be held accountable, and if so should I assist my son in doing so.....It scares me that this individual decides and alters peoples lives..
I had a negative OCL experience as well - biased and not representative of reality at all. I was told that it has to be challenged in court.

I understand that you feel if you don't challenge the findings then you appear "guilty" of the findings.

What I did was write an objection letter to the OCL outlining my objections and the reasons why I objected. Provided documentation to support as necessary. They wrote back that they agree with the report, yadda yadda yadda.

So, I wrote an objection letter to the Ombudsmen. They in turn agreed with OCL.

Nothing accomplished. BUT I do have a record of objecting to the contents of the report to the right people at the right time in the right manner. If nothing else, I felt like I did what I could to correct and straighten the matter up.

I am glad to hear that your son got the custody. I would think it would take a petitioning on behalf of the mother to overturn the judges decision on that - but I'm no legal expert.

I am also pleased as punch to see that you're taking care of that young lady. It will only benefit your grandson in the long run.
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Old 10-30-2013, 09:33 PM
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I agree with other posters in that you should write a detailed letter, outlining your objections to the report.

I would recommend making several drafts of the letter so your thoughts are well-organized and your remarks concise. Ensure you identify supporting documentation and it might be helpful to include copies of this documentation as long as it isn't too lengthy.

Once you are satisfied with your letter send it. You might then find some peace, knowing you have done everything you could do to set the record straight.
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Old 10-31-2013, 01:11 PM
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Quote:
Originally Posted by dp24 View Post
Thanks wretchedotis,

I will look that up. What I don't understand is why the OCL submitted a report after the final decision. The OCL had clearly stated that he was withdrawing then out of nowhere comes this, 2months after he said he was withdrawing. There was no meeting as to the findings and no recommendation. It maybe that I am overreacting, but now that this is part of the record and the case is settled....does it even matter? ..... Can this report be used again?...say like in a year from now and most importantly would you or others just let this stand?

Thanks
Steve
It would be quite easy to dismiss any report a year down the line, at least I would think.

A report is written up given the facts and circumstances presented at the time. Who is to say those facts and circumstances would be relevant 12 months later?

I think you have little to be concerned about, but there is nothing wrong with due diligence and firing off a couple of letters as you indicate. In fact, doing so would be beneficial to be able to demonstrate in court should there be any further issues that arise from the reports findings.
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Old 11-01-2013, 05:12 PM
involveddad75 involveddad75 is offline
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At the end of the day, the report is an affidavit, sworn statement of what he (the OCL assessor believes) As such it is untested evidence and will always be treated as such. The only way to challenge it is to put the OCL on the stand, since the case is now over there is no need.

Options (check with a lawyer)
1. file a 14B basket asking for the court to strike the OCL report as it was filed after the case was closed. (not sure if this is possible but a lawyer could tell you.

2. Write a dispute letter to the OCL stating the issues in the report. Make a request for full disclosure of all notes by the assessor.

3. Make a formal complaint as to the professionalism of the OCL assessor.

any of these might work, but I would definitely write the OCL and ask for complete disclosure of all notes by the assessor. By law they have to give them to you. (I mean your son).

That will provide a lot of evidence to the errors in the report.
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  #10  
Old 11-04-2013, 10:47 AM
dp24 dp24 is offline
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Thank you all for the great advice.....I have talked to my son and we will see his lawyer later.....He and I agree that this needs to challenged, objected, disputed...whatever is allowed.

I like the idea about requesting the notes....that gives and excellent starting point as well.
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