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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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  #1  
Old 08-09-2022, 06:10 PM
guydeluxe2018 guydeluxe2018 is offline
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Default OCL 2nd interview text. Evidence

Hi everyone,

I had my 2nd OCL interview today,and I want your opinions.At the first interview I told OCL that for the past 3 years we communicated through AppClose text messaging system, and 99.9% of our communication is through the App. I asked her to review communication, and she was agreeable to it, also offered to send her the full transcripts and she opted to download the app and add herself to the group as an observer; After signing up I check in with her to see if she was having any problems accessing the threads and if so offered to assist,and she did not respond.

During the interview today she stated that she was experiencing technical difficulties reading and accessing the communication logs,and that in her final report she will not be including the same.

My question is are these enough grounds to challenge her report if recommendation are in my favor,2-2-3 parenting time, my assets are the documented texts?

Thanks
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Old 08-10-2022, 11:03 AM
iona6656 iona6656 is offline
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Did you or the assessor disclose to the other parent that you were sharing the messages? If not- the other parent could successfully challenge the report.

I don't know that you have the grounds to challenge the report if the assessor chooses NOT to review materials provided. They have discretion.
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Old 08-10-2022, 11:12 AM
guydeluxe2018 guydeluxe2018 is offline
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My ex gave consent to review messages
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Old 08-10-2022, 11:32 AM
rockscan rockscan is offline
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Are the text messages necessary to determine an outcome? What role do they play in your case? For instance, to prove you have difficulty communicating? Or possibly to show you are amicable?

If she couldnt access them and then decided they werent necessary, its not a necessary battle.
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Old 08-10-2022, 09:58 PM
terryfyde terryfyde is offline
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Deciding not to include them solely based on her being incapable of using simple software sounds bad on them.
Wait for the report don't fret it will arrive.
You can also use this with your ex to say the report wont stick; let us do what is reasonable.
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Old 08-12-2022, 10:03 AM
terryfyde terryfyde is offline
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The problem for the OCL here is that they believed they were of some use because they attempted to access them and you can prove that via your communications I presume. This claim will be bolstered if they attempted to access them after gathering the other information.
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Old 08-13-2022, 08:12 AM
Stillbreathing Stillbreathing is offline
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An OCL or custody/access report can always be challenged. According to my lawyer, the report is nothing but expensive toilet paper until it has been produced as evidence at trial and the author has been cross examined.
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Old 08-13-2022, 08:59 PM
InsideOut InsideOut is offline
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The OCL probably doesnt want to review them, because they do not support the position that he/she will be taking.

I would carefully word a letter to them requesting them to reconsider the position and explaining why you believe not reviewing that material will impact the quality of their report adversely. Give them a set time by which they are to respond. If they do not respond by then, submit a complaint to the OCL through their complaints process.

Alternatively, just export to PDF and send send with a letter saying, sending as pdf since you were having technical difficulties.

If you dont do this, any incorrect findings by the OCL which come as the result of the incomplete assessment will be considered as fact at any motions and conferences following the report. Only at the trial will you get relief. The catch is the path to trial will be an uphill climb if you are disputing the OCLs findings.

There are unfortunately systemic issues with the OCL and very little consequences to them. Dont trust the verbal conversations. Document key details discussed with follow up written emails. Make sure you receive acknowledge of receipt of emails and letters. The OCL will behave as badly as a bad lawyer - lies, excluding evidence that didnt support their position, leaving out documents gathered during background checks, remaining silent on gaps in the position of the side theyve decided to support, accepting allegations without verification or discussion with the opposing party

Their job is not to be an honest broker. Their job is to try to see what they can get away with and fight for it.
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Old 08-13-2022, 09:01 PM
InsideOut InsideOut is offline
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Quote:
Originally Posted by Stillbreathing View Post
An OCL or custody/access report can always be challenged. According to my lawyer, the report is nothing but expensive toilet paper until it has been produced as evidence at trial and the author has been cross examined.

This is untrue. Its true they are untested facts until trial; however, at every motion or conference following the report leading up until trial, the judge will treat them as facts to pressure you to align with their recommendations. The definition of reasonable will be based on how closely you align to the recommendations of the OCl.
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Old 08-14-2022, 07:47 AM
Brampton33 Brampton33 is offline
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Quote:
Originally Posted by InsideOut View Post
This is untrue. It�s true they are untested facts until trial; however, at every motion or conference following the report leading up until trial, the judge will treat them as facts to pressure you to align with their recommendations. The definition of �reasonable� will be based on how closely you align to the recommendations of the OCl.
Agred. My case was stalling. My ex was dragging it out and would not budge from her unreasonable stances. Took almost a year for the OCL to complete report. However, once completed (in my favour), and after failed attempts to dispute the report to the OCL within the Family Law Rules timeline, my case quickly resolved. Just ensure to get a Settlement Conference booked for immediately after the release of the OCL Report if it’s in your favour, and if it is in your favour...be prepared for stall tactics.
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