Autism experienced trial laywer needed urgently

[dadx3]

Hi,
I need urgently an autism experienced lawyer (ideally family law specialist) for upcoming trial. Your recommmendations are much appreciated.
best regards
dadx3

 

[blinkandimgone]

Can you explain a little more about what you mean by 'autism experienced?

 

[arabian]

What part of the country do you live in?

 

[Janus]

Can you explain a little more about what you mean by 'autism experienced?

Presumably his kid has autism, and the ex is using that to leverage for custody (for "stability" or some other reason). He wants a lawyer who has worked a similar case.

Perhaps what he needs is a medical professional to provide an expert opinion?

 

[arabian]

dadx3 - as you can see people make assumptions if you don't provide any details.

 

[blinkandimgone]

Presumably his kid has autism, and the ex is using that to leverage for custody (for "stability" or some other reason). He wants a lawyer who has worked a similar case.

Perhaps what he needs is a medical professional to provide an expert opinion?

Could be.

Or perhaps either he or a friend has Autism or Asperger's and is looking for a lawyer experienced in dealing with clients with special needs.

Who knows unless he provides more info.

 

[standing on the sidelines]

his middle child has a mild case.

http://www.ottawadivorce.com/forum/f3/3kids-ocl-involvement-trial-reconciliation-12099/

 

[FightingForFamily]

You can check out Canlii for "autism" and find lawyers who have been involved in the cases. Also read the cases to understand how/when the issue of special needs becomes relevant to the judges.

I've found that even parents with autistic children are still expected to support themselves eventually.

 

[sahibjee]

also depends on what is available for the child. i.e. my son is diagnosed with autism. the daycare opened a rec for a special needs worker and was provided one, so my son goes to day care sametime as every other child and gets picked up the same time. nothing is hindering his mother's ability to earn.

 

[FightingForFamily]

Indeed, my son is also diagnosed with autism and attends regular SK but only for half days. Once he's in school full days the ex is definitely expected to support herself and him.

 

[dadx3]

Many thanks to all who responded and apologies for the prolonged silence for valid reasons.

I live in the GTA and my situation is that I have been our son's primary caregiver including doing home therapy with him and engaging him with his sisters until Mom moved out strategically to establish a new status quo. The OCL acknowledged me briefly in their report however made the traditional recommendation.

I am interested in a lawyer with experience in autism trial cases but also perhaps more importantly in an autism expert witness who could talk to his need to continue intensive home therapy with me. Any references would be greatly appreciated and thank you for the link

Dadx3

 

[Mess]

Not specifically autism, but I believe she has the expertise you require.

 

[Tayken]

My recommendation would be to contact Dr. Barbra Landau to see if she can recommend someone:

Welcome to Cooperative Solutions: A better way to resolve conflicts through mediation and training in Toronto and the GTA.

In the alternative the only other lawyer I would recommend to handle such a file is Phil Epstein:

Epstein Cole LLP : : lawyer profiles

Also, hopefully you have access to 100-150K to support the legals for expert witnesses and a lawyer who can handle the file. You would need to have a Section 30 qualified Psychologist review the OCL report and provide a counter. Someone who may be able to assist in doing that might be Dr. Irwin Butkowsky.

This thread may be helpful:

http://www.ottawadivorce.com/forum/f3/dilemma-should-i-hire-expert-help-13555/#post114738

I rarely recommend professionals so do consider the names given come with some serious considerations prior to being provided.

 

[OhMy]

Also, hopefully you have access to 100-150K to support the legals for expert witnesses and a lawyer who can handle the file. You would need to have a Section 30 qualified Psychologist review the OCL report and provide a counter. Someone who may be able to assist in doing that might be Dr. Irwin Butkowsky.

Yes, this would be expensive. Not only that you will need proof regarding the statement below as to why it is so important that you, and no one else provide his in home therapy?

Assuming therapy has been provided since separation, who has been doing it? What has the progress been or set backs been?

Keep in mind set backs are a common response for children even without Autism during divorce.

You will need proof if the position you are taking is that you are the only one that can provide his therapy. An expert witness in your case to provide what you are looking for would of had to have been privy to seeing how he was before in home intensive therapy, during, and after when the other parent moved out with him. Otherwise, much will be speculation, subject to possible bias, and will be heavily scrutinized by the other party.

I am interested in a lawyer with experience in autism trial cases but also perhaps more importantly in an autism expert witness who could talk to his need to continue intensive home therapy with me.

Dadx3

 

[dadx3]

3 young kids, 1 autism, OCL and CAS involvement NEW Qs please

3 young kids, 1 autism, OCL and CAS involvement NEW Qs please

Many thanks to the replies and especially to Tayken. Seeking much appreciated further commentary on the below. I will contact the professionals recommended.

Please note that my historical involvement, ability, skill and willingness to care for the kids is established and especially the involvement with our autistic son is reflected in the OCL report based on several professionals comments and reports. The OCL report mentions that our son improvement is mostly due to my efforts at home (took professional autism intervention training and also self educated in SLP, OT and PT). Also all 3 children are very attached to me and this has been established as well and is reflected also in the OCL report on our family.

Am seeking joint custody with a parental coordinator and equal time. I work full time (mom stays home) however with an extremely flexible work schedule which permits me to do daily drop offs and pickups in spite of the distance and also can drop things on no notice to attend emergencies. Bottom line with all 3 kids in FT programs for a long time my availability and mom's to them is the same. I am also prepared to move to keep the kids in the same school.

The OCL however recommended sole custody to her with the exception of joint medical on our son based on mom' allegations of me being controlling and obsessive re our son's medical treatment. Mom also made false allegations of all the types of abuse (domestic violence, financial, etc) against her. As a matter of fact however it is her who was violent and the is a documented incident of domestic violence iwhen she punched me and I called the police as it was not the first time. She denied hitting me however she acknowledged this to the CAS which got involved a few days later (this is in the OCL report). She stopped doiing it after that.

New Qs please

How to get CAS records? How can I get a psychological assessment ordered for Mom (am prepared to pay for and subject to same)
1. Mom has CAS recommendations from a year ago (anger management, autism awareness and positive parenting training, no physical disciplining) and recently CAS went to her house to remove the locks from the children's bedrooms as locking them along with physical is part of her disciplining style. Both were my referrals. Mom refuses to provide consent to access CAS records and all I have on the above is verbal statements from CAS workers nothing in writing. Short of a motion to get the CAS records, is there any other way to get the CAS records? And how can this be expedited?


Autistic 5 yr old son does not want to return from me to Mom. How to put this on record (evidence, etc)
1. Drop offs are extremely stressful for our son as he says that he is afraid of mommy, etc and he runs always when I try to get him to her door. Also have recordings of him on such and an independent witness. Asked the CAS to witness the drop offs and I got a negative. Asked mom's consent to hire an independent firm to witness the drop offs also negative. Also asked another social worker to witness the drop offs and I will likely gets another negative. How can I get this on the record to get it addressed? Are you aware of a Private investigator, supervising access type firm, etc that you could recommend. Asked a firm and they will only get involved with either consent from Mom which does not happen or court order.

Arbitration or Trial?
Money and the argument of choosing an arbitrator versus getting the roulette on a judge both set aside, which one would you recommend in light of the above. And also my case is heavy evidence (among other things, mom does not agree with therapy for son in spite of professional recommendations, with family doctor recommended optional meningitis and hepatitis vaccination for the kids, etc)
Currenty considering Douglas Millstone and Herschel Fogelman as mediators/arbitrators as mom does not want dr Barbara Fidler.
Can witnesses be cross examined in an arbitration?

Should I go for Phil Epstein as mediator/arbitrator as opposed to lawyer in my case?


Many thanks in advance and best regards
Dadx3

 

[murphyslaw]

What you need to get CAS reports, is a court order asking for the release of those files from the relevant CAS .Best moseying on down to family court for that.It isn't a big deal and then those CAS records can be released.CAS wont release anything without a court order though-its pretty much their policy.

As for your sons fearfulness at dropoffs-that is a mixed bag .Even when a child is legitimately fearful, there is lawyers who will say you are trying to alienate the child from its mother.Just giving you a warning on what to expect.If there is alot of issues at drop off, you could get exchange at supervised access centres but it will cost you a little bit.That way all reactions and behaviour could get logged .

 

[Tayken]

Should I go for Phil Epstein as mediator/arbitrator as opposed to lawyer in my case?

Obviously you are before the Superior Court of Justice on an Application before the court. Unless the other party agrees to jointly withdraw from the matters before the court and sign an agreement that can be made into an order on a 14B motion (order) as such you won't be going to mediation-arbitration with anyone.

You should make an offer to settle that includes both parties withdrawing jointly from the matters before the Superior Court of Justice, Family Division and a new order that you both shall bring the matter to mediation-arbitration and have an agreed upon professional stated in the new order.

Now, with regards to Phil Epstein. If you can't get an agreement on consent to bring matters out of the public court system to mediation-arbitration then I would recommend Phil as your solicitor of record. But, that makes it hard (impossible) for you to use him as a mediator-arbitrator.

I would recommend you retain counsel to obtain the consent order to bring matters to mediation-arbitration.

Considering the allegations and other information you have provided my recommendation for a mediator-arbitrator would be:

Welcome to Cooperative Solutions: A better way to resolve conflicts through mediation and training in Toronto and the GTA.

DR. BARBARA LANDAU
Ph.D., LL.M., C.Med., Cert. F. Arb.

Psychologist, Mediator, Lawyer
FMC Certified Comprehensive Family Mediator and Family Arbitrator
ADR Institute of Ontario Certifed Family Mediator, Certified Family Arbitrator and Chartered Mediator
Roster Mediator, Ontario Mandatory Mediation Program - Toronto
AWARDED the Queen Elizabeth II Diamond Jubilee Medal (2012)​

Dr. Landau is in my honest opinion, your best option for a mediator-arbitrator in a matter such as what you have described. In fact, if you put her name before any justice and requested that matters be sent to her I doubt that there is a single sitting justice in the Family Law system that wouldn't order your matter to be arbitrated by her. Especially considering the issues before the court.

But, to get this done you will need a good solicitor to bring forward the proper actions to get that done.

You are looking at a lot of money by the way. A lot. I would estimate that to get an order to bring the matter to Dr. Landau for mediation-arbitration it would take significant fees in legal for a senior solicitor (such as Phil) to just get the mediation-arbitration order put in place. Then don't forget that med-arb is not free. You may have to pay upfront for all the costs of this with an order that costs in the matter be determined by the arbitrator in accordance with the Family Law Rules upon completion of the matters.

Med-arb is "private court" really. What you would get from having say someone like Dr. Landau arbitrating the matter is something you won't find before the Superior Court of Justice (in a Judge) in determining your matters which is:

Psychologist, Mediator, Arbitrator and Lawyer

Hope this helps.

If you want to understand how to cross examine the OCL and especially on medical issues regarding children I highly recommend you read this following case law end-to-end 12 times:

http://canlii.ca/t/fnr57

Good Luck!
Tayken

 

[Tayken]

What you need to get CAS reports, is a court order asking for the release of those files from the relevant CAS .Best moseying on down to family court for that.It isn't a big deal and then those CAS records can be released.CAS wont release anything without a court order though-its pretty much their policy.

Actually, the court cannot order it without consent of both parties. The court can twist the arms of the parents to come to consent but, they can't explicitly order the release of the CAS records. Furthermore to have the records produced there is a cost and the order will also have to identify who is going to pay for the production of the records etc...

You can't just "mosey on down to family court" to get it. You have to actually know what you are doing and the complexities involved in the matter. A member of this forum recently had to deal with this matter and suffice to say, it wasn't as easy as "moseying on down" to the Family Court that is for sure.

As for your sons fearfulness at dropoffs-that is a mixed bag. Even when a child is legitimately fearful, there is lawyers who will say you are trying to alienate the child from its mother.

"its mother"?

Just don't throw any eggs at her car and you should be ok.

Good Luck!
Tayken

 

[dadx3]

Much appreciate the light speed responses.

To further clarify, mom is agreeable to med arb for financial reasons in spite of the financial backing of her wealthy family. I actually suggested a clinical psychologist to med arb the custody and access issues and a lawyer to med arb the financials. However mom declined as she is concerned with a psychologist med arguing the kids' issues and she wants a lawyer to med arb everything and using that as an excuse.

Your recommendation is great Tayken as dr Landau seems to be Botha psychologist and a lawyer.


I currently have a junior lawyer whom I primarily retained for her OCL experience.


Can you elaborate or point to the experience of another forum member re obtaining the CAS records?

The question is am I better off with Phil Epstein as a lawyer or as an arbitrator?

Seems my best bet is dr Landau to med arb and Phil Epstein to counsel ?

and do I want to go the arb or the trial route given my circumstances ? A con with trial is prolonging the status quo with mom as primary caregiver based on a consent order which we did 1 year ago after she moved out as she agreed for the OCL to be involved.nhowever the OCL first rejected our case and they only took it after another court endorsement following the case conference.

Btw regarding alienation issues the OCL established which had been happening for years namely that Mom makes disparaging comments to the kids about me. However it did not seem to bother them the same with the locking int he rooms until nighttime as per the kids.it took the CAS to resolve that.

Another concern with her sole custody is that is is planning to take off to another country of much lower standards and this would be a life sentence for all 3 kids and especially for our autistic son.yes aware that mobility is a different issue but regardless.

Will read the case much appreciated

Imwouldmlike to thank you for your guidance from the bottom of my heart, our children is really all thatnimthink about and frankly if mom had been different (no anger, patience, autism knowledge and positive disciplining) I would have had no problem with even sole to her. money is not an issue for me, I voluntarily started paying her SS when I separated in the same house and later when she moved without a court order on this which 3 years later we still do not have.

Regards
Dadx3

Kindly advise on the last questions.

 

[Tayken]

Much appreciate the light speed responses.

To further clarify, mom is agreeable to med arb for financial reasons in spite of the financial backing of her wealthy family.

I highly recommend you not focus on this topic ("wealthy family") as you will be hard pressed to find any sitting judge in my honest and personal opinion that will hear you out on that topic. In fact, you may find yourself in a lot of hot water if you attempt to even leverage this as an argument before the court.

I actually suggested a clinical psychologist to med arb the custody and access issues and a lawyer to med arb the financials. However mom declined as she is concerned with a psychologist med arguing the kids' issues and she wants a lawyer to med arb everything and using that as an excuse.

The logic doesn't seem to work though does it? If the children truly do have issues such as a diagnosis on the Autistic spectrum wouldn't a clinical psychologist be the most appropriate person to mediate and arbitrate the matter?

Note:

I truly hope you are telling the truth about the diagnosis on the Autistic Spectrum for the child in question and there is undeniable "evidence based medicine" supporting this diagnosis from registered and practicing medical doctors.

Your recommendation is great Tayken as dr Landau seems to be Botha psychologist and a lawyer.

Not only that but, she has litterally written the book on Collaborative Law. Has been awarded some of the highest honours for her efforts in bringing forward mediation and arbitration as a viable means to resolving Family Law Disputes. She is also incredibly well known in the legal community and equally in the medical community for her efforts.

I currently have a junior lawyer whom I primarily retained for her OCL experience.

Do note that the cost of hiring a senior solicitor is significantly more than what you are probably paying now. It could be triple to double the hourly rate you are paying. Be very mindful of that fact.

Can you elaborate or point to the experience of another forum member re obtaining the CAS records?

Other than it is a struggle, will take possibly a number appearances before the court and that you have to present an argument based on facts and a clear reason as to why you need these records... That is about all I can share.

The question is am I better off with Phil Epstein as a lawyer or as an arbitrator?

I highly recommend you research the rate prior to even making the determination in both situations.

Seems my best bet is dr Landau to med arb and Phil Epstein to counsel ?

That was my recommendation but, you need to SERIOUSLY consider the funds you have available to do so.

I often cite senior lawyer hourly billables to be around $500 (or more than) per hour.

A two hour consult with a senior solicitor is $1000. Your matter is so complex as you have presented it would be my personal opinion it would take a senior solicitor probably no less than 5 solid days just to get up to speed on your file.

5 days * 7.5 hours a day = 37.5 hours

At a bill rate of $500 an hour you are looking at possible up-front retainer of about $18,750 + pst and disbursements (another $1000 possibly) just to get the lawyer up to speed on the matter.

So please do seriously consider what you are proposing.

I highly recommend you to significant research on the topic of "relevance" in family law and law in general. The more you educate yourself on this topic the less you will have to spend in legals.

I suggest this because you made allegations and alluded to the wealth of the other party's family which is irrelevant in my humble opinion in any matter before the family court. Present this argument to a senior solicitor and see what feedback they provide to you on the topic and if they would even present that argument before the court... Then, consider you were paying $500 an hour to possibly be told it was irrelevant to a custody and access dispute where the children's "best interests" are the primary focus of any argument.

and do I want to go the arb or the trial route given my circumstances ? A con with trial is prolonging the status quo with mom as primary caregiver based on a consent order which we did 1 year ago after she moved out as she agreed for the OCL to be involved.

Clearly you have not read the case law I provided and requested you read 12 times yet. I suggest you read the case law I provided 12 times then answer your own question regarding "status quo".

nhowever the OCL first rejected our case and they only took it after another court endorsement following the case conference.

Irrelivant and not an important detail. The OCL did get involved and a report was produced. That is the relevant topic that you need to deal with and forgo this argument or any investigation into it in my honest opinion. Again, ask a senior lawyer what their opinion is on this statement and if there is any guidance they can provide. I am doubtful that they would even bother.

Btw regarding alienation issues the OCL established which had been happening for years namely that Mom makes disparaging comments to the kids about me. However it did not seem to bother them the same with the locking int he rooms until nighttime as per the kids.it took the CAS to resolve that.

Careful as to what you may "feel" is parental alienation and how the OCL report presents the topic. I highly recommend you seek out a senior solicitor or do significant research on the topic prior to making any allegation of "alienation" against the other parent.

Another concern with her sole custody is that is is planning to take off to another country of much lower standards and this would be a life sentence for all 3 kids and especially for our autistic son.yes aware that mobility is a different issue but regardless.

The key points to focus on are in my opinion:

1. Was this information regarding the change of residential location disclosed to the OCL at the time of the investigation or is this a recent development?

2. Mobility such as this changes the game significantly. Use the "Search" function on this forum and search "Mobility" to see the incredibly complex matter and how they are determined by the court.

Here is the basics on the defining jurisprudence (case law) on mobility of children in Canada:

Gordon v. Goertz - Wikipedia, the free encyclopedia

Gordon v. Goertz, [1996] 2 SCR 27
Date: 1996-05-02
Docket: 24622
Parallel citations: 1996 CanLII 191 (SCC); 134 DLR (4th) 321; [1996] 5 WWR 457; 19 RFL (4th) 177; 141 Sask R 241
URL: CanLII - 1996 CanLII 191 (SCC)

As of today's date this case law has been sited over 1800 times in CanLII in other matters regarding the mobility of children.

Will read the case much appreciated

Imwouldmlike to thank you for your guidance from the bottom of my heart, our children is really all thatnimthink about and frankly if mom had been different (no anger, patience, autism knowledge and positive disciplining) I would have had no problem with even sole to her. money is not an issue for me, I voluntarily started paying her SS when I separated in the same house and later when she moved without a court order on this which 3 years later we still do not have.

It is highly doubtful that the other parent has "no anger, patience, autism knowledge and positive disciplining" abilities. This is a very *absolute* statement of the other parent.

I highly recommend you read this thread and the links provided in addition to the other materials provided 12 times and seriously re-think this kind of statement.

http://www.ottawadivorce.com/forum/f3/introducing-very-honourable-madame-justice-mossip-13753/

A statement such as what you have made to this forum regarding the other parent made to a court of competent jurisdiction may not be received by the justice in the same light as you want to present it.

Furthermore, might I suggest that through your own disclosures provided to this very forum the OCL investigator made similar observations of you as a parent possibly. I have no knowledge of what is contained in the OCL report other than what you have disclosed to this public forum but, having seen many OCL and Section 30 reports, they all follow a similar pattern and I am only making this sweeping assumption based on this knowledge and no knowledge of your direct matters. (other than what you have chosen to disclose on this forum).

Good Luck!
Tayken

PS: If you do retain a senior solicitor in the matter you are discussing I highly recommend you provide them a link to this thread and get some feedback from them regarding the information that has been provided to you with regards to the allegations you have made on this site regarding the other parent.