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  • OCL involvement

    It seems to me that my wife's lawyer is little pusy. We just signed the consent to consolidate the OCJ and SCJ files. Now my wife's lawyer is asking for OCL appointment. Isn't that little fast? I think there is still room for mediation prior to putting my son yet through another intrusive process. Although he is been with me for most of the time since separation, he has been in the matrimonial home (where I live now) eversince he was two. My speculation is that she is asking for OCL just to kill time and delay the divorce that I am asking. She does not have much chance of winning the custody after she signed it off to me for two times in the past. (First, informal separation agreeement in 2006 and then court consent in 2007).

    Obviously, if I refuse to agree, her lawyer is going to bring an interim motion. What are the chances of her successfully getting that motion granted? Secondly, what are the chances that OCL will accept our application?

    Thank you in advance.

  • #2
    singledad99,

    Obviously, if I refuse to agree, her lawyer is going to bring an interim motion. What are the chances of her successfully getting that motion granted? Secondly, what are the chances that OCL will accept our application?
    It appears the intent of having the OCL involved is that this individual wants to change the status quo and is seeking 3rd party collateral views which may give their opinion at trial on the issue of custody.

    Before the motion, there will be a case conference and the court may give their views on whether OCL involvement is necessary.

    Co-operate with the court and be open to the process.


    lv

    Comment


    • #3
      OCL report

      Fighting the appointment may add months and expenses. Even if the judge appoints the OCL, they may not get invovled. The judge will only make a request for the invovlement of the OCL The OCL has their own intake criteria. Read the intake criteria for the OCL.

      Comment


      • #4
        OK here are some more facts:

        -Signed separation agreement in 2006 - Sole custody to me
        -A year later signed consent for court order - sole custody to me again
        -I am in the matrimonial home. The child has been living in matrimonial home since the age of 2 (he is almost 9 now)
        -The child is perfectly healthy, constantly improving school grades, improving behaviour. Participating in sports, socializing with friends in a normal fashion
        -Mom left the house, took the child but returned after 2 months in 2007
        -She is going through chemo, is very emotional all the times, not in a good shape to care for the child
        -Other than her health problems, she does not work, does not drive, does not have any place to live and has no support from family to help her with parenting

        My wife is pushing for OCL appointment and is now threatening to bring a motion. My lawyer advises that OCL appointment is not necessary since the child is enjoying happy and stable life and there is no material change to circumstances. My lawyer was suggesting to her lawyer to have a case conference prior to proceeding.

        I was reading information at OCL website and am of the opinion that my case does not meet their criteria simply because there have already been number of custody agreements over custody in the past. I am also of the opinion that custody is not the primary concern of my wife, its more about money(support) and division of assets.

        What are the chances of her winning the motion if she brings one?

        Thank you in advance for your help

        Comment


        • #5
          Going through chemo?!?!?! I don't know the whole history behind your case, but no matter how badly things went between me and my ex, if she was to tell me that she had cancer, I would go easy on her. There's no way OCL would side with her on this matter.

          And you're probably right, it must be a money thing, too bad it couldn't be about her son....

          Comment


          • #6
            You're in good shape

            I have just got the court to order a reappointment of the OCL. Our case goes to court in the fall. The first assessment was extremely help to my case, but its two years old and my youngest was a one year old when it was written. I have no fear that the second report will be any less positive. In fact, given the child is no longer an infant, I'm loooking forward to their recommendations. Similarily, I believe you will benefit more than your ex from a new report. The OCL will recommend the child stay with you. She'll be forced to show the courts why it should ignore the OCL's report.

            Comment


            • #7
              Update

              My wife's lawyer has agreed to go to case conference first before brining up the motion for OCL. I am surprised because so far they had been pushing me around and threatening all sorts of things. From the sound of it, my lawyer is confident that we can demonstrate that there is no need to change custody arrangements since the child in doing very well under the current arrangements.

              Thank you to all of you guys. Knowing helps. I am no longer freaking out or losing my sleep over the legal threats and court appearances.

              Comment


              • #8
                singledad99,

                as yopu mentioned:

                My wife's lawyer has agreed to go to case conference first before brining up the motion for OCL. I am surprised because so far they had been pushing me around and threatening all sorts of things.
                Don't be surprised. Considering the issue, a case conference would be mandatory. Basically what this lawyer has agreed to is to follow the rules.

                http://www.e-laws.gov.on.ca/html/reg...s_990114_e.htm

                See subrule 14(4):

                NO MOTION BEFORE CASE CONFERENCE ON SUBSTANTIVE ISSUES COMPLETED

                (4) No notice of motion or supporting evidence may be served and no motion may be heard before a case conference dealing with the substantive issues in the case has been completed. O. Reg. 89/04, s. 6 (3).

                Keep in mind that some will try to intimidate you into settlement. Its called the Bully tactic.

                lv

                Comment


                • #9
                  case conference

                  They will likely ask for the appointment of the OCL at the case conference. The judge will likely encourage you to agree (judge like have more info - like reports from independent sources). You can refuse to agree. Then your ex will be forced to try to get the appointment through a motion.

                  Comment

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