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  • OCL conflict of Interest.

    Has anyone ever had this issue? 6 weeks in the ex claims conflict of interest after myself and children already interviewed and observed. Anyone have success in getting reassigned? We have been waiting 3 weeks with no reassignment yet. Letter stated “will do their best” to reassign.


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  • #2
    oh jeez. I have no experience - but I'm sorry you're going through this....I haven't heard from our assessor in over a month. No idea what's going on. But hey- apparently this is my life now...hurry up and wait. And let you and your kid(s) life hang in the balance.

    Have you called and followed up? They're actually really lovely people I have found- speaking with them on the phone.

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    • #3
      Thanks for the answer!!
      It’s been three weeks today since I found out clinician had to recuse herself. Her phone call to me was very sincere and heart warning. She spoke to ex’s counsel and she admitted even his counsel agreed there was no conflict. But feared if she stayed on they would just tell the judge at the end the same thing and the report may get thrown out. I asked my lawyer to follow up. She said sit tight. Should I call the old clinician perhaps? She tried to give me some comfort in saying that she saw no red flags and my son was pretty forthcoming in what he wanted and that he backed up my story. So that was a positive. But she was unsure we would get reassigned.


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      • #4
        Originally posted by Mom 2 Two View Post
        Thanks for the answer!!
        It’s been three weeks today since I found out clinician had to recuse herself. Her phone call to me was very sincere and heart warning. She spoke to ex’s counsel and she admitted even his counsel agreed there was no conflict. But feared if she stayed on they would just tell the judge at the end the same thing and the report may get thrown out. I asked my lawyer to follow up. She said sit tight. Should I call the old clinician perhaps? She tried to give me some comfort in saying that she saw no red flags and my son was pretty forthcoming in what he wanted and that he backed up my story. So that was a positive. But she was unsure we would get reassigned.


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        Sorry I've been in and out of this forum for sometime dealing with my own 6 year ordeal.

        Anyhow with respect to the OCL, I had the opposite happen, I claimed the OCL had a conflict of interest and the OCL wouldn't reassign. My ex was claiming I was abusive to her and the children, and we went to trial. In the end the OCL assessors recommendations were thrown out. Never even mentioned in the ruling. Completely disregarded. That said she herself called the CAS on me. After finding no fault with my parenting at the observation stage. Instructed the CAS to back off when I told the CAS they were being manipulated and they should investigate the malicious nature of the referrals.

        Please provide some context to your situation.
        Age of kids?
        Applicant / respondent?
        What are you seeking in your pleadings? equal shared or father to be access parent?
        Are you seeking: sole or joint custody?
        What is the nature of the conflict of interest?
        Are you self rep or do you have a lawyer?

        I know some are answered above, but now answer all the same questions but from the fathers perspective.

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        • #5
          Originally posted by involveddad75 View Post
          Sorry I've been in and out of this forum for sometime dealing with my own 6 year ordeal.



          Anyhow with respect to the OCL, I had the opposite happen, I claimed the OCL had a conflict of interest and the OCL wouldn't reassign. My ex was claiming I was abusive to her and the children, and we went to trial. In the end the OCL assessors recommendations were thrown out. Never even mentioned in the ruling. Completely disregarded. That said she herself called the CAS on me. After finding no fault with my parenting at the observation stage. Instructed the CAS to back off when I told the CAS they were being manipulated and they should investigate the malicious nature of the referrals.



          Please provide some context to your situation.

          Age of kids? 7 an 10

          Applicant / respondent? Applicant then respondent.

          What are you seeking in your pleadings? I filed motions to change to enforce section 7’s Ex responded with sole custody claim. I have been primary caregiver last 5 years.

          equal shared or father to be access parent?

          Are you seeking: sole or joint custody? Seeking to retain custody

          What is the nature of the conflict of interest

          Ex stated his gf’s child was seen at the same hospital the ocl clinician worked at previously. Ocl clinician does not know them and has never met them.


          Are you self rep or do you have a lawyer? I have lawyer



          I know some are answered above, but now answer all the same questions but from the fathers perspective.

          Father is claiming I enroll the kids unilaterally in extra curricular. And that I alienate the kids from him. Refuse access and withhold the kids. He basically has written every lie possible. The last clinician already told me my older son backed up my claim and she says it’s in my best interest to get another assessment of they reassign.



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          • #6
            The problem with OCL assessments is that both lawyers and judges know that they can be heavily biased. After all, the quality is only as good as what you pay for. These assessments are tossed all the time.


            One parent had a great idea of doing an access to information request to see the documents on which the assessor based their recommendations. This was eventually shut down by the Court of Appeal. It's a good read as to why you shouldn't associate with the OCL.


            Ontario (Children's Lawyer) v. Ontario (Information and Privacy Commissioner), 2018 ONCA 559 (CanLII)
            http://canlii.ca/t/hskfm


            If you can afford lawyers, then you're better off having a private assessment done by a professional psychologist. The assessment should cost you less than 1 day of trial (assuming you split the cost) and you may be able to get part of it covered by your health benefits. It will also save you many days of trial, because the assessor is considered to be an expert witness and will presumably have reviewed all the items you intend to bring to trial.

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            • #7
              Thanks for the response. I wish I had known this before hand. My ex demanded OCL. And my lawyer just told me to agree. There is no way if he had to pay for a private one would he agree it.

              I just got the call we have been reassigned. And just by talking to the lady on the phone I am not impressed. My poor children are good to have to suffer with another stranger trying to get them to talk.


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              • #8
                One more thing. This new lady does not want to see any documents unless they have been presented as evidence. We haven’t even gotten their yet. So how is that fair that we can’t show her emails or reports?


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                • #9
                  Originally posted by Mom 2 Two View Post
                  One more thing. This new lady does not want to see any documents unless they have been presented as evidence. We haven’t even gotten their yet. So how is that fair that we can’t show her emails or reports?


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                  How access goes now, are the children going to their father and how often? How old are the children?

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                  • #10
                    Originally posted by TheDailyDad View Post
                    Ontario (Children's Lawyer) v. Ontario (Information and Privacy Commissioner), 2018 ONCA 559 (CanLII)
                    http://canlii.ca/t/hskfm
                    This case I believe is a client solicitor case, the children were older and the records involved statements they made to their lawyer (the OLC) this is different than what is happening in this case where a assessor has been appointed.

                    See my pinned thread on fighting the OCL recommendations.

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                    • #11
                      Originally posted by TheDailyDad View Post
                      If you can afford lawyers, then you're better off having a private assessment done by a professional psychologist. The assessment should cost you less than 1 day of trial (assuming you split the cost) and you may be able to get part of it covered by your health benefits. It will also save you many days of trial, because the assessor is considered to be an expert witness and will presumably have reviewed all the items you intend to bring to trial.
                      I disagree when you go with a private assessor it's much harder to dispute their recommendations, because you selected and agreed upon that assessor.

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                      • #12
                        Originally posted by Mom 2 Two View Post
                        One more thing. This new lady does not want to see any documents unless they have been presented as evidence. We haven’t even gotten their yet. So how is that fair that we can’t show her emails or reports?


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                        So write an affidavit and attach the emails and reports to the affidavit.
                        they are then part of the evidence.

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                        • #13
                          Thank you for the suggestions. Is it odd that my lawyer says we are not at that point yet? I have two reports and letters and several awful emails. My lawyer did forward one set of emails to my ex’s lawyer saying they need to stop communicating with me in that manner. Lawyer asked for family wizard to be used and ex never responds

                          Ex. Dad asks to pick up kids from school. I agree but ask what time and who? (Need to sign kids out school policy as they always take the bus) I also asked for a phone call since normally the kids see me after school on Fridays. I asked. I didn’t demand. I think I even used the work propose.

                          Full out war starts because I get accused of not having dad on school papers and they say they always let the kids call when they want. They do not. They keep telling kids not now. Maybe tomorrow. And then more nasty accusations come out of the emails. I simply keep responding I am agreeable to this but I need this information.

                          Then they send email Day of cancelling. So conflict all for nothing.


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                          • #14
                            Originally posted by paco View Post
                            How access goes now, are the children going to their father and how often? How old are the children?


                            I have custody. Have had it for last 5 years. Dad sees kids EOW. Religiously. I have offered extra time on my weekends to dad. But he always has an excuse. That is the weekend him and gf don’t have her kids. So you can see how that looks.
                            Kids are 7 and 10.


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