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  • OCL / Impact on judges decision

    We have a case conference on Monday.

    D12 has met the OCL, has been clear and voiced what she wanted. We received the OCL's brief indicating the same.

    Since March, D12 has been visiting her mother 2-3 times per week. Prior to that, 50/50 schedule. We're dealing with a custody / access issue. D12 wants to live with us and have 2-3 visits per week with her mother which lives with a violent offender and now is recently pregnant with his child. She does not feel comfortable around her mother's partner and does not want to be near him.

    OCL recommends that D12 lives FT with her father and the visits with her mother ongoing (2-3 times per week).

    Her mother wants to resume to the 50/50 schedule.

    Just wondering if the OCL's recommendation typically has an impact on the judge's decision.

  • #2
    Has CAS investigated the home life with the violent offender? Are there any conditions on his parole/release?

    What is current order?

    If you have an existing agreement/order for 50/50 you are in breach of the order for not sending child. If there is a legitimate safety issue you should be calling CAS and requesting a temporary order for full custody in advance of the decision.

    The judge will review what the OCL said and make some suggestions/discuss with both parties. If you have proof of the legal charges against the other person and proof the child is in danger you should bring those.

    Otherwise it is simply your word against moms and a 12 yo who has made their thoughts clear to OCL. Some judges put a lot of weight in those reports, some don’t but if you have documentation that would sway a judge (like a report on this persons conditions of parole/release) then it may help.

    Comment


    • #3
      CAS is not involved.

      No previous order. or agreement on paper. It was mutual between the parents (no paperwork) until June, 2019, indicates mom has 3 visits a week (4 hour visits) away from the bf.

      We do have all the criminal evidence and that has been submitted to the courts.

      Comment


      • #4
        Then I would keep with the child’s wishes until a judge decides. Expect some questions on Monday but enforce that the child wishes to have limited contact with moms new partner.

        Comment


        • #5
          When does the judge decide if both parties don't?

          At trial?

          Comment


          • #6
            The judge can make a temporary order at a motion especially if they feel there is a danger to the child. If the other party does not agree to anything you will need a final order from a trial.

            Comment

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