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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 10-14-2018, 08:33 AM
Mom 2 Two Mom 2 Two is offline
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Default OCL conflict of Interest.

Has anyone ever had this issue? 6 weeks in the ex claims conflict of interest after myself and children already interviewed and observed. Anyone have success in getting reassigned? We have been waiting 3 weeks with no reassignment yet. Letter stated ďwill do their bestĒ to reassign.


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Old 10-15-2018, 11:44 AM
iona6656 iona6656 is offline
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oh jeez. I have no experience - but I'm sorry you're going through this....I haven't heard from our assessor in over a month. No idea what's going on. But hey- apparently this is my life now...hurry up and wait. And let you and your kid(s) life hang in the balance.

Have you called and followed up? They're actually really lovely people I have found- speaking with them on the phone.
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Old 10-15-2018, 12:07 PM
Mom 2 Two Mom 2 Two is offline
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Thanks for the answer!!
Itís been three weeks today since I found out clinician had to recuse herself. Her phone call to me was very sincere and heart warning. She spoke to exís counsel and she admitted even his counsel agreed there was no conflict. But feared if she stayed on they would just tell the judge at the end the same thing and the report may get thrown out. I asked my lawyer to follow up. She said sit tight. Should I call the old clinician perhaps? She tried to give me some comfort in saying that she saw no red flags and my son was pretty forthcoming in what he wanted and that he backed up my story. So that was a positive. But she was unsure we would get reassigned.


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Old 10-15-2018, 08:12 PM
involveddad75 involveddad75 is offline
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Quote:
Originally Posted by Mom 2 Two View Post
Thanks for the answer!!
Itís been three weeks today since I found out clinician had to recuse herself. Her phone call to me was very sincere and heart warning. She spoke to exís counsel and she admitted even his counsel agreed there was no conflict. But feared if she stayed on they would just tell the judge at the end the same thing and the report may get thrown out. I asked my lawyer to follow up. She said sit tight. Should I call the old clinician perhaps? She tried to give me some comfort in saying that she saw no red flags and my son was pretty forthcoming in what he wanted and that he backed up my story. So that was a positive. But she was unsure we would get reassigned.


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Sorry I've been in and out of this forum for sometime dealing with my own 6 year ordeal.

Anyhow with respect to the OCL, I had the opposite happen, I claimed the OCL had a conflict of interest and the OCL wouldn't reassign. My ex was claiming I was abusive to her and the children, and we went to trial. In the end the OCL assessors recommendations were thrown out. Never even mentioned in the ruling. Completely disregarded. That said she herself called the CAS on me. After finding no fault with my parenting at the observation stage. Instructed the CAS to back off when I told the CAS they were being manipulated and they should investigate the malicious nature of the referrals.

Please provide some context to your situation.
Age of kids?
Applicant / respondent?
What are you seeking in your pleadings? equal shared or father to be access parent?
Are you seeking: sole or joint custody?
What is the nature of the conflict of interest?
Are you self rep or do you have a lawyer?

I know some are answered above, but now answer all the same questions but from the fathers perspective.
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Old 10-15-2018, 08:54 PM
Mom 2 Two Mom 2 Two is offline
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Quote:
Originally Posted by involveddad75 View Post
Sorry I've been in and out of this forum for sometime dealing with my own 6 year ordeal.



Anyhow with respect to the OCL, I had the opposite happen, I claimed the OCL had a conflict of interest and the OCL wouldn't reassign. My ex was claiming I was abusive to her and the children, and we went to trial. In the end the OCL assessors recommendations were thrown out. Never even mentioned in the ruling. Completely disregarded. That said she herself called the CAS on me. After finding no fault with my parenting at the observation stage. Instructed the CAS to back off when I told the CAS they were being manipulated and they should investigate the malicious nature of the referrals.



Please provide some context to your situation.

Age of kids? 7 an 10

Applicant / respondent? Applicant then respondent.

What are you seeking in your pleadings? I filed motions to change to enforce section 7ís Ex responded with sole custody claim. I have been primary caregiver last 5 years.

equal shared or father to be access parent?

Are you seeking: sole or joint custody? Seeking to retain custody

What is the nature of the conflict of interest

Ex stated his gfís child was seen at the same hospital the ocl clinician worked at previously. Ocl clinician does not know them and has never met them.


Are you self rep or do you have a lawyer? I have lawyer



I know some are answered above, but now answer all the same questions but from the fathers perspective.

Father is claiming I enroll the kids unilaterally in extra curricular. And that I alienate the kids from him. Refuse access and withhold the kids. He basically has written every lie possible. The last clinician already told me my older son backed up my claim and she says itís in my best interest to get another assessment of they reassign.



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Old 10-16-2018, 02:39 PM
TheDailyDad TheDailyDad is offline
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The problem with OCL assessments is that both lawyers and judges know that they can be heavily biased. After all, the quality is only as good as what you pay for. These assessments are tossed all the time.


One parent had a great idea of doing an access to information request to see the documents on which the assessor based their recommendations. This was eventually shut down by the Court of Appeal. It's a good read as to why you shouldn't associate with the OCL.


Ontario (Children's Lawyer) v. Ontario (Information and Privacy Commissioner), 2018 ONCA 559 (CanLII)
http://canlii.ca/t/hskfm


If you can afford lawyers, then you're better off having a private assessment done by a professional psychologist. The assessment should cost you less than 1 day of trial (assuming you split the cost) and you may be able to get part of it covered by your health benefits. It will also save you many days of trial, because the assessor is considered to be an expert witness and will presumably have reviewed all the items you intend to bring to trial.
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Old 10-16-2018, 02:59 PM
Mom 2 Two Mom 2 Two is offline
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Thanks for the response. I wish I had known this before hand. My ex demanded OCL. And my lawyer just told me to agree. There is no way if he had to pay for a private one would he agree it.

I just got the call we have been reassigned. And just by talking to the lady on the phone I am not impressed. My poor children are good to have to suffer with another stranger trying to get them to talk.


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Old 10-16-2018, 03:01 PM
Mom 2 Two Mom 2 Two is offline
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One more thing. This new lady does not want to see any documents unless they have been presented as evidence. We havenít even gotten their yet. So how is that fair that we canít show her emails or reports?


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Old 10-16-2018, 09:58 PM
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Quote:
Originally Posted by Mom 2 Two View Post
One more thing. This new lady does not want to see any documents unless they have been presented as evidence. We havenít even gotten their yet. So how is that fair that we canít show her emails or reports?


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How access goes now, are the children going to their father and how often? How old are the children?
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Old 10-16-2018, 10:22 PM
involveddad75 involveddad75 is offline
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Quote:
Originally Posted by TheDailyDad View Post
Ontario (Children's Lawyer) v. Ontario (Information and Privacy Commissioner), 2018 ONCA 559 (CanLII)
http://canlii.ca/t/hskfm
This case I believe is a client solicitor case, the children were older and the records involved statements they made to their lawyer (the OLC) this is different than what is happening in this case where a assessor has been appointed.

See my pinned thread on fighting the OCL recommendations.
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