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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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  #1  
Old 04-07-2020, 10:48 PM
opticnerve opticnerve is offline
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Default What form or document format to use when filing a dispute of the OCL report?

Is there a specific family law or legal form (e.g. affidavit), or specific document format (e.g. letter, memo) to use to dispute the OCL report?

Also, does this document have to then be served to other party and filed with the court, or just filed with the court? Also, do I need to send it to the OCL clinician or OCL office?

Lastly, can I dispute lies/allegations made by the ex to the OCL clinician that are in the report, or am I expected to dispute only the OCL clinician's recommendations and any inaccuracies the clinician made?

Thanks.
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Old 04-08-2020, 09:21 AM
Kinso Kinso is offline
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Quote:
Is there a specific family law or legal form (e.g. affidavit), or specific document format (e.g. letter, memo) to use to dispute the OCL report?
There is no specific form. It's not an affidavit. I use a blank form with the style of cause at the top.

Quote:
Does this document have to then be served to other party and filed with the court, or just filed with the court? Also, do I need to send it to the OCL clinician or OCL office?
Served on the other side and sent to the OCL. You do not file the dispute with the court, they wouldn't do anything with it. The OCL will respond to the dispute by either agreeing, or disagreeing. Once they respond that's it. If you don't like the OCL's report after disputing it your remedy is in cross-examination, and making submissions to the judge.

Quote:
Can I dispute lies/allegations made by the ex to the OCL clinician that are in the report, or am I expected to dispute only the OCL clinician's recommendations and any inaccuracies the clinician made?
You can dispute whatever you want, but disputing their lies isn't unlikely to help you. I would focus on the OCL's findings and observations that are false (and damaging to your case). The recommendations aren't binding on the court anyway so disputing that has less value. It's not uncommon for Judges to accept the observations but then modify the recommendations.
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Old 04-08-2020, 07:22 PM
Stillbreathing Stillbreathing is offline
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If you object then you donít agree to implement their recommendations should your ex request this. There is no form to fill out. You can request clarification from the OCL on contentious issues and they should provide that. My lawyer told me the OCL report was nothing but expensive toilet paper. If you object to what is in their report you have the right to cross examine them at trial. Not until that happens can their recommendations be ordered.
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Old 04-08-2020, 09:15 PM
opticnerve opticnerve is offline
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Thank you both for your replies. I actually approve of all the OCL recommendations. There are only two or three factual inaccuracies. So most of my dispute is of my ex's falsehoods that are in the report. I expect my ex to dispute the recommendations.

Kinso, regarding the form, what do you mean when you say, "style of cause", exactly?
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Old 04-08-2020, 10:10 PM
LovingDad1234 LovingDad1234 is offline
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Quote:
Originally Posted by opticnerve View Post
I actually approve of all the OCL recommendations. There are only two or three factual inaccuracies.
You approve of the OCL recommendations but still want to dispute the report?? Is that wise? Iím not an expert but filing a dispute may paint you as conflictive and/or difficult.
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Old 04-08-2020, 11:10 PM
opticnerve opticnerve is offline
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I am the applicant and self representing and am learning. The exís statements in the report contradict allegations the ex makes in court documents (I.e. answer, affidavit, motion). I wanted to take the opportunity to point these inconsistencies
out to support my case. Perhaps itís better to do that at the settlement conference or trial.

The factual inaccuracies in the report include the OCL getting wrong one of claims my ex is making, and our current custody arrangement per our separation agreement.
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Old 04-09-2020, 09:30 AM
Kinso Kinso is offline
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Quote:
what do you mean "style of cause", exactly?
The details of the court file, such as:

Superior Court of Justice
393 University Ave, Toronto, ON M5G 1E6
Smith v. Jones
Court File No.: 12345

Technically a 'style of cause' refers to the case name ("smith v. jones") but I would also include the other details of the case.

In family court it can refer generally to the first page of most court documents, the court location, file number, party names and lawyer names.

Last edited by Kinso; 04-09-2020 at 09:32 AM.
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  #8  
Old 04-09-2020, 12:06 PM
opticnerve opticnerve is offline
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Great, thanks Kinso
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