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Old 01-22-2018, 03:28 PM
youngdad91 youngdad91 is offline
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Default custody/access assessors ?

Hello,

I am looking for reputable custody/access assessors to look over my OCL report, and advise of their thoughts.

I assume there are members on this site with vast experience on OCL reports.

Any help and support would be greatly appreciated.

I love my (our) daughter very much, and want to be able to accomplish what is truly best for her.

Thank you for your support!
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Old 01-23-2018, 12:23 PM
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Tayken Tayken is offline
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Originally Posted by youngdad91 View Post
I am looking for reputable custody/access assessors to look over my OCL report, and advise of their thoughts.
You need to remove "reputable" from the question and it would get an answer. A reputable Section 30 Assessor wouldn't do it.

There is also an official mechanism to oppose an OCL report. Hopefully you have filed that and started the process.

You may be able to hire one to advise your lawyer on how to cross-examine the report but, to submit one in counter to it... Rare a "reputable" one would do it.

Why?

They wouldn't be able to interview the other party to the matter. As well, these "reports" often have little value if any as it is opinion evidence generally.

See: http://www.jml.ca/wp-content/uploads...Family-Law.pdf

More on this VERY COMPLEX issue: http://www.menzieslawyers.com/blog2/...ss-and-custody

Also consider this:

Quote:
[277] The law in Elliott is consistent with a strong discouragement against the unnecessary use of “expert” or quasi expert reports in family law cases, whether in the context of issues of custody or in valuation issues. For example in M. v. F., 2015 ONCA 277 (CanLII), Justice Benotto, following Sordi v. Sordi 2011 ONCA 665 (CanLII) and Mayfield v. Mayfield (2001) 2001 CanLII 28213 (ON SC), 18 R.F.L. (5th) 328, (Ont. Gen. Div.) noted that critique evidence “generally – as here - has little probative value, adds expense and risks elevating the animosity between the parties.” (at para 34) .

Source: Armstrong. v Armstrong, 2016 ONSC 126 (CanLII), par. 277, http://canlii.ca/t/gndfs#par277, retrieved on 2018-01-23.
You should have never engaged the OCL in your matter. The OCL "adds expense and risks". Unfortunately, you ran the risk and it didn't work out for you. An additional expert report isn't going to help you. An excellent barrister who can cross-examine is what you need now.

Hopefully, you have a barrister (trial lawyer who can handle a viva voce trial) who can pick apart the "evidence' in the OCL report.

Good Luck!
Tayken
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