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  • Ocl...

    Two questions....

    At the case conference the judge agreed to get the OCL involved, the order was signed March 22nd of this year. I understand that the intake forms must be received by the OCL within 10 days of the written order...is that 10 business days or just 10 days.

    Secondly, what if one of the parties does not send the OCL intake form within the 10 days given? I believe that OCL will decline to get involved but what happens after that..can they never get involved, and how does that play out in court??

    Thanks as always for the info and advice...

  • #2
    Jlalex.

    Very interesting.

    At the case conference the judge agreed to get the OCL involved, the order was signed March 22nd of this year. I understand that the intake forms must be received by the OCL within 10 days of the written order...is that 10 business days or just 10 days.
    I was trying to figure out where the term days came from. I did located this from the OCL website:
    ...As required in the order, within ten days, each party will complete a separate Intake Form and send it to the Office of the Children's Lawyer. The Intake Form itself is available in all Court Houses.

    Within three weeks of the date of the order, the Children's Lawyer will review the order and Intake Forms and notify the parties and the court (by facsimile or mail) whether the Children's Lawyer consents to become involved in the case and, if so, the type of professional service that will be provided.....


    http://www.attorneygeneral.jus.gov.o.../ocl/about.asp

    When counting days under Family law Rules, "10" is greater than "7" so every day is counted. However, its not clear so I have a tendency to think that it would be 10 business days excluding holidays.

    If the order was dated March 22, 2007; The intake forms should of been completed by the parties and forwarded to the OCL by April 5, 2007.

    For sure you should hear something back from them shortly on the matter.

    Secondly, what if one of the parties does not send the OCL intake form within the 10 days given? I believe that OCL will decline to get involved but what happens after that..can they never get involved, and how does that play out in court??
    If one parties fails to complete their intake forms for the OCL and subsequently OCL refuses to be involved for that reason; The courts will not think highly of such conduct. I wouldn't want to be them.


    It may be good reading and benefit to view the apparent non existent OCL handbook on parenting assessments which can be found here

    http://www.canadacourtwatch.com/lega...ssessments.pdf




    lv

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    • #3
      Thanks lv..i did take a look at that earlier and it was quite informative..I guess we just wait and see..

      The ex called us a couple of days after the case conference asking why she had to fill out all these forms for the OCL..even though she was the one that orginally requested their invovlement..we simply agreed and I do think its a very good idea as things have gotten highly emotional and we are concerned that their sons well being is in jeopardy, mostly from her behaviour over these last few months.

      She called a couple days after that initial conversation and said she lost the papers so her lawyer was mailing her new ones..so I'm thinking its unlikely that she was have them sent in, in a timely manner.

      Though on the upside Dad did finally get to see his son this past Easter weekend, 4 days with almost no interference from her...we all had a great time and the son was so happy to see his Dad, ( they haven't seen each other since Xmas as the ex decided to cancel their visits since then). It was a great weekend. We did have a little talk with him asking if he has any questions and try to make it clear to him that we are not asking for him to choose between his parents ( thats what his mother told him and even made him call to leave a message saying he loves his Dad but doesn't want to live with him) and we just want to make sure he is happy and well taken care of no matter where he lives. He seemed alright with it, its a tough situation and I don't envy the position he is in.

      I was just wondering if she didn't send the papers in, which I'm pretty sure she didn't, I'm guessing they 'got lost in the mail'... what will happen, we really do want an assessment done and although we do feel he would be better off living with us we don't want to uproot him unless it is necessary, he has had a lot of upheaval and drama in his life and we don't want to add to it if it can be helped.

      Comment


      • #4
        jlalex,

        A copy of the OCL intake forms can be found here in pdf.

        http://www.attorneygeneral.jus.gov.o...l/intakeng.pdf

        You could print out a copy and attach such to a nice letter sent by "registered mail" for the individual for completion.


        lv

        Comment

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