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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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  #11  
Old 09-17-2018, 10:29 AM
OrleansLawyer OrleansLawyer is online now
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First thing- has your assessor drafted a report? Apparently it's common they don't draft the report before the disclosure meeting.
The OCL hold the disclosure meeting then give the parties a chance to settle before drafting the report - usually, the report will come 60-90 days later if there was a social worker. If there is a lawyer without a social worker they do not prepare a report.
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  #12  
Old 09-18-2018, 11:48 AM
notenoughtape notenoughtape is offline
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Originally Posted by OrleansLawyer View Post
The OCL hold the disclosure meeting then give the parties a chance to settle before drafting the report - usually, the report will come 60-90 days later if there was a social worker. If there is a lawyer without a social worker they do not prepare a report.
No, there has been no report drafted. It was a meeting to discuss recommendations only.

There is little to zero interest/cooperation from the other side to settle, they refused to even be in the same room for the OCL disclosure meeting, so it was a conference call with no opportunity to settle or discuss with the clinician.
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  #13  
Old 09-18-2018, 03:25 PM
TheDailyDad TheDailyDad is offline
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The issue that most people don't realize is that, the OCL report is a recommendation only - that's it.


If the OCL report seems to contradict evidence you bring to trial, it can be tossed. There have been many OCL reports disputed and tossed because of subquality clinicians. The difference between these assessments and private ones is the quality - you get what you paid for.


If you believe the clinician did not do a good job, start analyzing the report for any discreptancies and build a case to dispute it.
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  #14  
Old 09-18-2018, 08:04 PM
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Originally Posted by TheDailyDad View Post
The issue that most people don't realize is that, the OCL report is a recommendation only - that's it.


If the OCL report seems to contradict evidence you bring to trial, it can be tossed. There have been many OCL reports disputed and tossed because of subquality clinicians. The difference between these assessments and private ones is the quality - you get what you paid for.


If you believe the clinician did not do a good job, start analyzing the report for any discreptancies and build a case to dispute it.
I agree with you about the quality difference...but at what cost my friend? For a good private assessor you look somewhere around 30-35k, at least. How many people out there can afford it, specially if the other party doesn't want to share the cost. If you're lucky, you can get a good OCL clinician. In my case I was lucky, the clinician did an excellent fabulous job, not because it was in my favour, but because it was done right, child focused. Within a month my ex has disputed their report, other than few factual information nothing has been changed in their report. What's more important now is to implement the OCL recommendations, which most of the courts do heavily rely on.
From my experience with OCL is that you need to focus completely on your child, your parenting skills, be completely transparent with the OCL clinician, don't talk about your ex, instead talk about your strengths, your plans about your child, your child extra curricular activities and what else you can do to be more involved in your child's life, that you protect and promote a healthy relationship between your child and your ex, unless you're an alienator which is a completely different ball game.
This is what they want to hear, not about how a bad parent is your ex and how much controlling and abusive he/she was in your marriage, all this is just BS.
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  #15  
Old 09-18-2018, 11:21 PM
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Originally Posted by TheDailyDad View Post
The issue that most people don't realize is that, the OCL report is a recommendation only - that's it.


If the OCL report seems to contradict evidence you bring to trial, it can be tossed. There have been many OCL reports disputed and tossed because of subquality clinicians. The difference between these assessments and private ones is the quality - you get what you paid for.


If you believe the clinician did not do a good job, start analyzing the report for any discreptancies and build a case to dispute it.
Private (Section 30) assessments are not substantially better. Especially if one or both the parties involved are high-conflict. Section 30 and OCL are overused in family law.

Ultimately the assessor is only as good as the evidence they gather and often parties will hold their cards close to their chest. It is correct that they advise the court and are NOT the final decision maker in matters. There are judges who will just go along with assessments. Depending on the jurisdiction you are in judges will pick apart the details of a report. In others, they will just go with whatever the report says.

People should not gamble with the OCL or a private assessment. The worst time in anyone's life to be "assessed" is in family separation... Especially when the court system is involved. This is when parents are behaving at their worst.

Family breakdown is a mental health crisis for both parents involved. The courts need to be more mindful of this. Some are... Some aren't. The whole process of "expert witnesses" needs a significant change in the CLRA and related Acts.

I would not recommend anyone engage the OCL or Section 30 unless one or both of the parents have clinically verifiable mental health issues that are serious. I mean SERIOUS. In all other matters, the evidence should stand and experts should be left out of the fiasco that is family law.

It is really a shame when the OCL or Section 30 have to get involved. They rarely add benefit and only inflate time which as a result inflates the overall cost of the matter.

First, you are fighting over the children. Then you are fighting over what an assessor said. Its a horrible spiral of conflict that only elongates the timeline to resolution.

People nitpick over what the assessor states. Assessors, in my review of now over 1000 reports filed with the court, rarely understand the key concept of relevance. They are not bound by their governing bodies clinical guidelines for the most part and although many carry clinical titles... They are assessing things that are not clinical in nature at all.

As OrleansLawyer stated... Reports take on average 60-90 days to produce. During that time the conflict can increase. On average of the files, I have reviewed (in my personal sample) 30% of the cases one of the parties files a "contempt" motion.

If the court system was fully digital and put into a big data system the patterns of behaviour would become easy to demonstrate. Imagine if you could query any document filed with the court house. Throw an learning engine at it all and seek out the common behaviour patterns of high-conflict parties. The system would change. But, without the data being easily exposed... Nothing will change.

Good Luck!
Tayken
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