Defeating an unfair and biased OCL report

Ok, so you need to get a full copy of all the court papers and affidavits that have been served by now. Perhaps contact the old lawyer and ask for a full copy if nothing much has happened since nov it might be ok.
If not then go to the court house and ask for a complete copy of the continuing record minus anything you already have.

Check the table of contents for your case.

Make sure you have everything. Don't worry about old case conference briefs, but you also need a copy of all orders thus far.

Start reading the act.
Divorce Act (Section 16(10) Maximum contact)
Courts of Justice Act - Family Law Rules
Children's Law Reform Act (Section 24)
Family Law Act, R.S.O. 1990, c. F.3

And for good measure (Rules of Civil Procedure) Courts of Justice Act - R.R.O. 1990, Reg

The last one is for more complex issues and deals with more than family courts.

Although I have provided references to important sections you should read the acts in full.

Once you have continuing record complete, then you need to start preparing the trial record.
See Family Law rules Section 23 (trial record)

You have a lot of reading to do and a lot of preparing to do. Preparing for trial is something anyone can do with the right conviction. The right conviction is to focus on the children and not on the ex.

You need to move on with the idea that she planned this, that she's out to take everything from you, etc. etc. etc. So what that she took the children to shelter. So what if she continues to make false allegations.

What you should focus on is I am involved, have been involved, I want to continue to be involved. I am a good parent. The children need a relationship with both parents. I respect the other parents way of parenting. I have my own way of parenting. We need a court order that allows the children to have two homes.
Focus on the fact that your case is about including the other parent and the other parents case is about excluding you.
 
As you are the application at each and every case conference you should be speaking first, if the other side tries to drive the agenda stand up and remind them that you are the applicant. If the judge tells you not to speak and speaks to the lawyer, respectfully ask the judge "for the record, I am the applicant, and as such I am the moving party at this case conference, as such may I speak first.
 
I have all the court copies from my former lawyer, I asked before letting her go, so my first case conf should be something formal right? It's next month, in about two weeks.
Oh, one thing I want to ask, is it worth it to fill a complaint against my ex's counsel through Law Society of upper Canada for misconduct by advising her client to take children away from me considering that I was willing to meet with her and my ex to put a separation agreement in place, so I consider that an abuse from a family lawyer, what you think?

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Thats up to you to decide. How many battles do you want to fight at the same time. Focus on the case before you, don't stray into the weeds.

When this is done you can then decide if it's worth it to file a complaint. Her bad advice might actually help your case.
 
Thanks a lot, God bless you, I'll follow your instructions to prepare for trial and filling that letter to OCL, you gave me some relief by the info you just provided. Thank you..and keep in touch, this forum is amazing.

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I have all the court copies from my former lawyer, I asked before letting her go, so my first case conf should be something formal right? It's next month, in about two weeks.
Oh, one thing I want to ask, is it worth it to fill a complaint against my ex's counsel through Law Society of upper Canada for misconduct by advising her client to take children away from me considering that I was willing to meet with her and my ex to put a separation agreement in place, so I consider that an abuse from a family lawyer, what you think?

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are you sure that is what the lawyer advised your ex and have concrete proof or just feel that she may have done that?
 
Yes, I'm very sure, it's in the police records at the time when my ex flew away with the kids, because I reported them as missing persons, so the cop asked her "why she left, is there something else that I might need to know?" She said "I left because my lawyer advised me to do so". There is also stated in the OCL report as well.

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Nice, I would report the lawyer. Do you have the name of the shelter as well?
I would be making a complaint with the people who fund the shelter and advise the shelter that they are not behaving well at all.

The shelter thing should only be done after you have a final order.
 
wow, that's interesting, I don't know the shelter's name, they kept it secretly from me. Where I can find that info that she could go to the shelter only after a final order?

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wow, that's interesting, I don't know the shelter's name, they kept it secretly from me. Where I can find that info that she could go to the shelter only after a final order?
Also, while at the shelter was an incident with the little baby, she left him unattended and the baby felt from that bed, they have high beds there, the baby was bleeding and paramedics took him to hospital. All this info has been kept secretly from me, my daughter told me about it. I complaint to CAS but they told me that they couldn't find anything related to this incident which I considered very serious at that time (it's actually a year ago) but then OCL when they start their investigation they found that was true and it's also mentioned in their report as well. Looks like CAS fouled around with that incident, and provably they didn't want me to know about it.

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Could be that CAS wasn't called. Anyhow if the OCL has confirmed it and haven't asked for hospital records and don't provide them then you'll have even more grounds that the OCL didn't do a full assessment.
In the hospital records it might list the location where the paramedics picked up the child, or you could call the hospital and ask for all records.
Paramedics also have to file reports regarding the events they attend.
You could also send a fax letter to the ex's lawyer requesting the information about the incident and where it took place. If they don't respond then you can use that, that the other isn't interesting co-parenting and or involving you.

As a last resort, simply ask your ex the information on the stand, also ask the OCL and see if there are differences in the story.
 
Involveddad75, at that time I went to both Hospitals here in Mississauga asking for the incident, no one could provide me with any info about that incident, I supect they didn't want me to know. Anyway, I asked my ex at that time too if something happened in that week, she said very relaxed that nothing happened. So it seems that everyone was hidden that incident from me so that I don't have to know about it.
Okay, so more stuff I have to pile up on top of them.
If OCL didn't request and don't provide me with hospital records then looks like they're in trouble.
Now, CAS are in trouble too because they didn't take my concerns seriously.
Definitely I'm going to send a fax to my ex's lawyer asking for details about that incident. OCL will have to disclose to me all their info documentation regarding this case.

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Paco, Every time you communicate with your ex or her lawyer I would suggest a Registered Mailed Letter. Its more full proof if they decide not to respond or acknowledge the communication. And from my understanding, only Registered mail is valid proof in court. Someone correct me if Im wrong.
 
Paco, Every time you communicate with your ex or her lawyer I would suggest a Registered Mailed Letter. Its more full proof if they decide not to respond or acknowledge the communication. And from my understanding, only Registered mail is valid proof in court. Someone correct me if Im wrong.

Incorrect, Fax is a accepted form of communication as such transmittal sheets provide all the proof you need.

Besides sending a registered mail is only proof you sent something and they received it doesn't provide proof of whats in the package.
 
Then hopefully she doesn't pull the (that wasn't in that package).
Otherwise you get someone to or you personally serve it.
Than swear that you did, listing all the documents

How ever you serve you have to file using a form 6B the court house has guides on when which service must be used.
 
Then hopefully she doesn't pull the (that wasn't in that package).
Otherwise you get someone to or you personally serve it.
Than swear that you did, listing all the documents

How ever you serve you have to file using a form 6B the court house has guides on when which service must be used.

True. Which I do. But Im speaking about communication letters. My ex stopped communicating with me about our child since the proceedings began ( I assume was advice on her lawyers part) I text , No Response. I email, No Response so then I write a letter and register mail it to her Still no Response. every thing in any of my communication is about our child.

but she has no problems communicating when she wants to be informed about our child when he is in my care (which I have no issues with and I am very transparent and forthwith).
 
wow, that's interesting, I don't know the shelter's name, they kept it secretly from me. Where I can find that info that she could go to the shelter only after a final order?

I think InvolvedDad meant that you should wait to report the lawyer for advising your ex to go into a shelter after you have finished the court stuff with your ex and have a final order. Focus on one battle at a time.

He wasn't implying that your ex shouldn't have gone into the shelter until after a final order. Also note that while this was evidently what she told the police, she may not have been truthful.
 
Rioe, she went to a shelter for a short period of time, for about 3 months, then they moved to a renting apartment last February. So is not just waiting for a final order here, correct?
 
Rioe, she went to a shelter for a short period of time, for about 3 months, then they moved to a renting apartment last February. So is not just waiting for a final order here, correct?

I am sorry, I don't understand your question. What your ex did at the shelter is irrelevant to your case. Get your case dealt with and get a final order.

THEN report the lawyer to the law society for his bad advice that she take the kids to a shelter. That is a separate battle.
 
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