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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 10-25-2021, 03:24 PM
Donald Duck Donald Duck is offline
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Quote:
Originally Posted by Brampton33 View Post
The law favours equal parenting unless its impractical to do so (ie: distance) or there is a legitimate threat to the health/safety of a child. At 12, it is still too young to separate an equal parenting plan.

Section 30 and OCL reports are a waste of time and money. My ex pleaded for such a report. When it did not go her way, she said it was garbage. Wonder if she would have been singing the same tune if it did go her way?

Hey B33, so when you state distance as an issue what distance are you referring to please?

We are in the same city, 25 minutes away by car, so thats not an issue re equal parenting, correct?

Im at EOW and 3 hours on alternate weeks for one evening, but we are in court again in November.

My game plan is to increase time obviously
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  #12  
Old 10-25-2021, 04:38 PM
Brampton33 Brampton33 is offline
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Donald Duck: Please stop hijacking other people's posts with questions not related to the topic. This post is related to Pinkhouses asking about section 30 assessments.

If you wish to ask someone a direct question, please send them a private message. Otherwise start a new post, after doing a search to see if your question has already been discussed and answered through previous posts.
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  #13  
Old 10-25-2021, 08:36 PM
pinkHouses pinkHouses is offline
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Originally Posted by Tayken View Post
Section 30 is a waste of time and money for 99.99% of cases.
Yes they are.

I could instantly tell what a grift it was when the lawyers were trying to get the other to agree to this assessor or that assessor.....for many of them the outcome was almost certainly determined.
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  #14  
Old 10-26-2021, 09:05 AM
Brampton33 Brampton33 is offline
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Originally Posted by pinkHouses View Post
Yes they are
Section 30 and OCL reports: Often requested by a party because they want a star piece of evidence. Ironically, my ex begged the court for one and was granted one after a few SCs. The report sided with me, and then my ex responds to the court saying its a piece of garbage. With these reports, they can be expensive, and even worse, eat up a year or more into your litigation as you wait for the report to be concluded, which can add fuel to any "status-quo" arguments.

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Originally Posted by pinkHouses View Post
for many of them the outcome was almost certainly determined.
Absolutely. Lawyers and assessors are in the same field. They get to know eachother, their habits, tendencies, and styles. My lawyer knew all about my ex's lawyer and her delay and cost accumulating tactics. Lawyers know who is who in the assessment world and how they tend to make their recommendations.
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  #15  
Old 10-26-2021, 09:35 AM
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Quote:
Originally Posted by Brampton33 View Post
Section 30 and OCL reports: Often requested by a party because they want a star piece of evidence. Ironically, my ex begged the court for one and was granted one after a few SCs. The report sided with me, and then my ex responds to the court saying its a piece of garbage. With these reports, they can be expensive, and even worse, eat up a year or more into your litigation as you wait for the report to be concluded, which can add fuel to any "status-quo" arguments.
I'm confused, just cause she said it was a piece of garbage doesn't mean that it is. Don't judges give value and clout to an OCL report?
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  #16  
Old 10-26-2021, 10:15 AM
Brampton33 Brampton33 is offline
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Originally Posted by LMum View Post
I'm confused, just cause she said it was a piece of garbage doesn't mean that it is. Don't judges give value and clout to an OCL report?
You are correct, judges do give it value and a lot of clout. What I was pointing out was the irony----that my ex was pleading with the court for a report, in hopes she would get a key piece of evidence in her favour, and then the report did not go her way, so she then referred to the report (which SHE wanted) as garbage. If the report was written in her favour, she would have said it was gold.

Judges do give reports a lot of clout. I have heard that in 90% of cases, judges will rule in same line as the report. There is the 10% where the report is challenged in court through cross-examination.
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  #17  
Old 10-26-2021, 11:51 PM
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I'm confused, just cause she said it was a piece of garbage doesn't mean that it is. Don't judges give value and clout to an OCL report?
Depends on the judge. The experienced Family Law justices don't rely on them deeply these days. Ever since WorkingDad leveled an OCL report... In fact Pazaratz exact quote was "devastating" when he commented on his cross examination of the OCL investigator. :O

OCL has changed their tune after having a few of their "investigators" crushed in decisions.

OCL and Section 30 is not a rubber stamp. That is why they are a waste of time. At best they may bring matters to settlement.

Section 30 "ass-essors" are huge grifters as already pointed out.
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  #18  
Old 10-27-2021, 09:18 AM
Brampton33 Brampton33 is offline
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Originally Posted by Tayken View Post
OCL and Section 30 is not a rubber stamp. That is why they are a waste of time. At best they may bring matters to settlement.
What is also important to consider is that these assessments can take a significant amount of time, bringing your case to a grinding halt while it is being undertaken. For my case, it took a full year between the assessment being ordered and being back in front of a judge with the results.
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  #19  
Old 10-27-2021, 10:04 AM
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Originally Posted by Brampton33 View Post
What is also important to consider is that these assessments can take a significant amount of time, bringing your case to a grinding halt while it is being undertaken. For my case, it took a full year between the assessment being ordered and being back in front of a judge with the results.
9 times out of 10 they just create more conflict and increase costs to reach settlement. Parents go on defense mode and then focus on attacking the results. I find they just fuel the fire of conflict in most situations.
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