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Can an OCL Report Expire ?

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  • Can an OCL Report Expire ?

    OCL Disclosure meeting was in 2019 April (year ago). Can it expire ?
    Next court date most likely to be either later this year or next year (TBD).

  • #2
    Yes, normally an OCL report is valid for 3 years.

    Sent from my SM-G960W using Tapatalk

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    • #3
      No. OCL reports do not expire, but they gradually become less relevant as time goes on. The observations and recommendations may have relevance years later, or none at all, depending on the facts of the case.

      Paco I have no idea where you are pulling three years from, but it’s not correct.

      Some observations are stale dated 12 months later, some could still have application after 5 years. As always it depends on the facts and how they relate to the issues in dispute.
      Last edited by Kinso; 06-07-2020, 10:51 AM.

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      • #4
        the affidavit (which includes the Report) sworn by our clinician is set to expire in 3 years from the date it was sworn. The expiration date is written in the affidavit.

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        • #5
          Affidavits don’t expire? Are you referring to the commissioner’s ability to administer oaths?

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          • #6
            I just checked a few OCL reports in my files, I think you’re referring to the commissioner’s authority to administer an oath, which always expires after 3 years (unless they’re a lawyer). However, it is usually renewed if they continue to work in a capacity that requires this function. This doesn’t mean the affidavit itself expires, just that the person who administered the oath can’t administer new oaths (on other affidavits) unless their license is renewed.

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            • #7
              Originally posted by Kinso View Post
              No. OCL reports do not expire, but they gradually become less relevant as time goes on. The observations and recommendations may have relevance years later, or none at all, depending on the facts of the case.
              My family lawyer said that OCL reports tend to stale date faster (e.g. 1 year) the younger the child(ren).

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              • #8
                I don’t think it’s really a question that they “expire“ but rather the family situation changes over time which necessitates the report needing to be updated if the matter drags on without resolution. If you can get the same assessor to do the update that will save you money as they don’t have to start from scratch.

                My case dealt with a custody and access assessor not OCL.
                In my case my ex and his lawyer were such skilled experts at delay that 14 months after the report was completed we still had no resolution, therefor the judge ordered an update by the same assessor. This report became out dated 18 months later when another full report was requested but this time by a completely different assessor.

                Some of the issues with these reports are that
                1) they are applicable only for a year or less until they need to be updated.
                2) they are astronomically expensive
                3) you both have to agree with the report if any recommendations are to be implemented without a trial
                4) until you have the opportunity to cross examine the assessor at trial, their report is merely expensive toilet paper

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                • #9
                  Thank you "Stillbreathing" ,"ioana6656", "Kinso"and "paco". I had questioned some ontario lawyers and they said yes, they can become outdated and might need to reassess, because the children at that age were only 5 and 7.
                  We were dealing with OCL, but did not like it at all. They would not except any documentation from us or ask any questions to confirm all allegations against us. They just basically said that they will recommend the other party having full custody, because the kids were residing there the first 3 years... however OCL didn't take into consideration that we were fighting for more access, which we ad received 50/50 after a few court dates as the judge seen no evidence of why she would keep the children away from us. Now she is trying to do anything and everything by being untruthful, manipulation, deceiving emails, and constant false allegation to take the kids back full custody. Even though the ex is the one whom neglecting the children and does awful things, which we could never get ahead with because CAS is manipulated by the ex crying and blame shifting. We attended (my new partner and I) a parental course, my ex suppose to attend as well...never showed up. then ex wanted shuffle counselling (we didn't know or as matter a fact any professional what is was)..so we said ok..but than ex was not happy the therapist choose. After she wanted to go to the same therapist the kids go to, but she could take us... than I found out that the kids therapist and ex are good buddies and the therapist recorded the lawyer the ex has now...and they are working against us. The therapist by recordation of OCL not suppose to share anything happens at the kids private sessions or whatever they tel her in confidence. The therapist would say things never had happened... but off course only if goes against me. Our situation is very straight forward however it is very hard to prove. My ex lias, committed fraud by filing fraudulent documents and I could go on. My ex was also penalized twice now for contempt of a court order. Now she wants to prove that I am under competent as I do have a dash cam in my car and we not suppose to record each other... but I do not use any of the recording against the ex, even when the ex and partner aggressive, yelling/swearing and being aggressive a front of the kids. So now what ? anyone has a clue what to do ?

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