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  • #16
    Originally posted by Tayken View Post
    As stated they just add complexity. I suspect if you had a top-shelf barrister you could have achieved the same in less time.



    OCL has taken too much of the court's time. The process doesn't help and hinders settlement. They result in wars of words that are not necessary. Ultimately they have a negative impact on the process.
    Here's a question for you- in cases of alleged DV or abuse- where there are serious allegations- I can't think of a case I've come across where the court did not order OCL involvement. I mean- of course these are cases that go to trial...but I'm thinking in abuse or serious DV cases- what's your alternative? Settle without addressing a very serious issue?

    I can tell you from personal experience- OCL was not my first choice. I wanted a closed CMHC mental health and addiction assessment. When that was shot down- I asked for a family mediator. She refused our mediation on the basis that she felt that the allegations of DV were too serious (re: because there was a non-verbal toddler- I don't think she wanted to take the onus if something happened)...and I was left with relentless opposing counsel who kept pushing for non-supervised, overnights while there were outstanding criminal charges and no move to address the situation...

    I guess my question is- when IS OCL required in your opinion?

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    • #17
      Originally posted by iona6656 View Post
      I'm thinking in abuse or serious DV cases- what's your alternative? Settle without addressing a very serious issue?
      I think your hopes of the ocl are too high. They are just an opinion in court. Your ex could call a babysitter or teacher to the stand, and they would have about the same weight to the judge. Courts deal with evidence, facts. Hearsay evidence is just a waste of time. Go to trial asap and show the judge your proof, not some social worker. If there is an actual criminal issue, then restraining orders would already be in place to protect the kids.

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      • #18
        Originally posted by tunnelight View Post
        Actually there is a very good one I know you would recommend. She happened to be retained by me to critique.
        Ok... Jackie. Maybe. She is probably the only reasonable one out there.

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        • #19
          Originally posted by iona6656 View Post
          Here's a question for you- in cases of alleged DV or abuse- where there are serious allegations- I can't think of a case I've come across where the court did not order OCL involvement.
          One of the most cited cases in CanLII and which members of this site were deeply involved with.

          http://canlii.ca/t/fnr57

          Go through the headnotes on that and the 126+ citings on that matter. You can find a pile of examples.

          You can also search "WorkingDad" on this site. Lots to read. Thousands of posts about it.

          Another good one is: http://canlii.ca/t/fn2r2

          46 citings and check the headnotes to see the case law used. Same with the above link too. It will take you easily 4 weeks to go through it all.

          Originally posted by iona6656 View Post
          I guess my question is- when IS OCL required in your opinion?
          The only time the OCL or Section 30 should be involved is when either party has clinical issues or the children do. For example, a mental health issue for either parent or the children. Social Workers are "medical practitioners". They should only be called upon for what they practice in.

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          • #20
            Originally posted by Tayken View Post
            The only time the OCL or Section 30 should be involved is when either party has clinical issues or the children do. For example, a mental health issue for either parent or the children. Social Workers are "medical practitioners". They should only be called upon for what they practice in.
            It doesn't have to be a proven clinical issue. Just persuasive and believable enough to trigger an assessment.

            If it is the begging of the year and the OCL has their renewed budget, they will likely take cases they would otherwise not take near end of year with a low budget.

            Comment

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