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  #1  
Old 06-06-2014, 04:04 PM
DontGiveUp DontGiveUp is offline
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Default Is it normal for OCL to hold disclosure meeting before investigation is finished

Hi all,

Sorry if this question leads to "I'm concerned about your lack of knowledge" responses because if we had all the knowledge why would we be here.

My question: Judge appointed the children their own Lawyer, Children's Lawyer then got appointed later on a social work assist.

Before last SC, OCL held a disclosure meeting but in it and since it say that their investigation is not yet complete and on-going.

Am I mistaken in thinking that a completed investigation is when a disclosure meeting takes place. Is there multiple disclosure meetings?

Confuses me to tell me this is our position but then we're not done our investigation yet.
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Old 06-06-2014, 04:26 PM
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Tayken Tayken is offline
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Originally Posted by DontGiveUp View Post
Hi all,

Sorry if this question leads to "I'm concerned about your lack of knowledge" responses because if we had all the knowledge why would we be here.

My question: Judge appointed the children their own Lawyer, Children's Lawyer then got appointed later on a social work assist.

Before last SC, OCL held a disclosure meeting but in it and since it say that their investigation is not yet complete and on-going.

Am I mistaken in thinking that a completed investigation is when a disclosure meeting takes place. Is there multiple disclosure meetings?

Confuses me to tell me this is our position but then we're not done our investigation yet.
There can be multiple disclosure meetings. This often happens prior to the writing of a report as it often gives both parties the opportunity to consider settlement.

This is a common pattern in Section 30 assessments where the assessor will give recommendations that will be in the report. Some times all parties need to settle the matter without further court action (or a document) is a professional giving the recommendations.

So, if at the disclosure meeting they say they are going to recommend 50-50 residency on a 2-2-5-5 based schedule... isn't it better to just settle it without the efforts (and having to wait for) a report?

I hope you have a lawyer on your file.

Good Luck!
Tayken
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Old 06-06-2014, 04:45 PM
DontGiveUp DontGiveUp is offline
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Thanks Tayken,

Unfortunately all they stated at the disclosure meeting is that I am a "great Dad" and that I should have substantial more time with the children. Then later in the same disclosure meeting the OCL said it was hard to get a definitive answer on more time out of the children and then he mentioned 1 more day.

1 more day and substantial are not the same in my case. I do have a lawyer who asked for more clarity from the OCL on their position of access and what is substantial more time and date has not been able to get an answer.
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Old 06-06-2014, 05:25 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
Some times all parties need to settle the matter without further court action (or a document) is a professional giving the recommendations.
Often the hope of the OCL (and the lawyers involved) is for a settlement to be reached at the OCL disclosure meeting, thereby saving the OCL from preparing their report - and freeing them up to take on another case.
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Old 06-06-2014, 05:26 PM
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Thanks Tayken,

Unfortunately all they stated at the disclosure meeting is that I am a "great Dad" and that I should have substantial more time with the children.
In this matter the justice stated that the mother was a "good mother" too. Subsequently if you reflex this matter you will see it went to trial and further evidence to "good mothering" is provided and what could result from being a "good parent".

Quote:
... And in this respect, while the Applicant is generally a good mother – her exclusionary attitude toward the Respondent, combined with her questionable judgment in areas such as the child’s medical care, cause me to conclude that whatever “status quo” she created, it should not be continued.
So, I don't hold the term "good mother", "good father" or "good parent" in the highest of regard. As it can be used in negative ways.

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Then later in the same disclosure meeting the OCL said it was hard to get a definitive answer on more time out of the children and then he mentioned 1 more day.
How does it work in % time over a two week period. I find that the OCL says anything over 20% increase is "substantial". It is all relative.

If you have only 2 days out of 14 days or (14.28%) and you get another day that puts you at 21.42%. OCL generally would call that a substantial increase. You can disagree but, again it is subjective.

Look at it as a %. OCL generally doesn't like to cross the 40% (shared custody for the purposes of determining CS on the offset) limit generally.

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1 more day and substantial are not the same in my case. I do have a lawyer who asked for more clarity from the OCL on their position of access and what is substantial more time and date has not been able to get an answer.
Because they are going to finish, serve and file their report and get out of the question and answer game with both parties. They will simply present their recommendations and walk away.

I don't expect it to grow beyond 1 day no matter how many letters your lawyer sends.

Good Luck!
Tayken
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Old 06-06-2014, 05:27 PM
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Often the hope of the OCL (and the lawyers involved) is for a settlement to be reached at the OCL disclosure meeting, thereby saving the OCL from preparing their report - and freeing them up to take on another case.
In a majority of the cases this is all that is all that is needed. Unfortunate that we don't have public statistics to support this fact.
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Old 06-06-2014, 05:36 PM
DontGiveUp DontGiveUp is offline
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I have my children currently 22% of the time.
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Old 06-06-2014, 05:40 PM
OrleansLawyer OrleansLawyer is offline
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Without reading through the numerous posts and threads, a simple question for DGU:

Why not have +1 day, with access to be reviewed (and an updated report prepared if necessary) at some specified point in the future? "The journey of a thousand miles begins with a single step".

I also note the review period, if 6 months, may come sooner than a hearing to determine the matter. That would give you more time with your child(ren) in the interim. You likely wish the change to be w/o prejudice.
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Old 06-06-2014, 05:58 PM
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Love OrleansLawyer's suggestion!
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Old 06-06-2014, 06:08 PM
DontGiveUp DontGiveUp is offline
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Tayken, OrleansLawyer and Serene, I of course am in favour of it (pushing forward with a motion for the OCL recommendation so far to be implemented interim). My ex won't agree to it for one as that would mean a weekday / evening.

Concern in bringing it forth in a motion my lawyer says is it is an item set for trial: regular access. She seem scared to touch the issue of additional regular access in a motion right now probably because OCL has not been clear in what they suggest the additional access be. Thoughts?

Last edited by DontGiveUp; 06-06-2014 at 06:19 PM.
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