Defeating an unfair and biased OCL report

Ontariodaddyman, my ex is doing exactly the same with my kids, she's doing whatever possible to keep me away from them, and my ex-mother in law is a huge issue here...

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paco said:
Ontariodaddyman, my ex is doing exactly the same with my kids, she's doing whatever possible to keep me away from them, and my ex-mother in law is a huge issue here...

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It is a very difficult position to be in. your damned if you do and your damned if you don't.

Just record everything, every time you drop off and or pick up, every event and every time your ex is in your presence really. Its for your own protection really. This will make it difficult for her to prove any false allegations.

The OCL is conducting their investigation , and my ex is really on their recommendations. Its gonna be entertaining to hear the results.

Good Luck.
 
involveddad75 said:
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.
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Involveddad75, question, for this upcoming case conference the other party (the respondent -my ex) pushed and scheduled this conference, so they served me first with the case conference brief and then I served them with my reply. I am the applicant since this case started with an emergency motion back in December 2012. So, in this case who should drive the agenda, me or her? Please let me know.

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paco said:
Involveddad75, question, for this upcoming case conference the other party (the respondent -my ex) pushed and scheduled this conference, so they served me first with the case conference brief and then I served them with my reply. I am the applicant since this case started with an emergency motion back in December 2012. So, in this case who should drive the agenda, me or her? Please let me know.

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I believe you do. But you should check the family law rules to be sure.
 
involveddad75 said:
I believe you do. But you should check the family law rules to be sure.
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The hell with the rules, there are no rules. Do what you feel is right ,and do not agree with or be pushed into a deal as that is the goal in family law. The main objective in that court room is to push the weaker of the 2 into sighning an agreement which becomes an order which pushes you and your children the hell back out into the world to fiend for yourselves.

I was fooled with the sole custody due to conflict angle. If I could go back I would fight this as a deliberate tool used by the other as malicious or unlawful or even child abuse known as Parental Alienation, but unfortunately P.A I find is totally legal as it comes with zero consequenses. Make the Judge sign your children into her hands. I know its hard with the huge and aggressive intimidation used against you.

As self rept. you can afford the time and money you don't have to put out to wait out the for best results. I thought to sue my ex in a civil suit for what she and her disgusting parents did to myself and my kids but I ran out of energy. Oh well good luck.
 
Thanks Franklin, I pray to God to help me and my kids to go through all this hell well, she's doing the same to me, my mother in law is the worst evil person you ever seen on earth. I'm trying to get a restraining order for her, I just don't want to see her anymore.
How can you sue your ex and her parents in a civil suit, on what grounds?

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paco said:
Thanks Franklin, I pray to God to help me and my kids to go through all this hell well, she's doing the same to me, my mother in law is the worst evil person you ever seen on earth. I'm trying to get a restraining order for her, I just don't want to see her anymore.
How can you sue your ex and her parents in a civil suit, on what grounds?

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Oh well that would all have to be all about money. I would imagine you would have to prove damages and put a money value on it. Like the Parental Alienation caused you to loose your income potential or some how caused you to loose money somehow.

Someone said to me the winning parent is the one with the least amount of conscience.
 
Franklin said:
The hell with the rules, there are no rules.
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Incorrect, Franklin their are rules, and this is a court of law. If you want the judge to take you seriously you need to understand and follow them.

Franklin said:
As self rept. you can afford the time and money you don't have to put out to wait out the for best results. I thought to sue my ex in a civil suit for what she and her disgusting parents did to myself and my kids but I ran out of energy. Oh well good luck.
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In what context can you sue someone or their family? If your talking about damages due to family court case, then your out of luck.
If you consented to sole custody or had sole custody ordered then that's what happened, you can't then go sue the person over it.
If it's with regards to the damages (stress) due to the statements they put in an affidavit then again you can't sue someone for making a statement in an affidavit it's protected by law. The only thing you could have gotten was perjury, but this didn't happen and the case is closed, no one will re open that as a previous judge has looked at it, or you have consented to an agreement.

Last but not least, what the ____ do you think it would do to your kids to create more conflict by sueing.

You course of action is clear, if you want to reopen your family matter, find a material change that has occurred since the last final order and file for a motion to change.
 
I had an excellent day in court today's morning, 7 orders given by the judge, including an icrease overnight access. No order about custody as I expected. It's just a small victory, but the war is not even close to the end. As invoveddad75 mentioned earlier you need to focus on your children to have a chance, there is no other way to go through this hell, my next s.c/t.m.c is in June, still have some time to better defeat OCL report. Thanks God.

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1. Regarding the teacher, you can probably just subpoena her to testify at trial whether she wants to or not

2. Regarding alienation, take notes.

3. If I were you, periodically send emails to your ex asking "What is going on with health & education of kids". She will ignore them. This shows SHE is the one not communitcating.

The case law in QUEBEC is very strong regarding shared custody and that unless there is NO COMMUNICATION due to the REQUESTING parent that it won't be an obstacle to shared custody. Not sure about Ontario.

Paco, this is a 3 year ordeal - play the long game. Focus on being a father to your kids by doing your best to be in their lives equally. Keep going, understand the motivations of your ex and research on how OCL reports are thrown out.
 
Links17, that's a really good point regarding my daughter's teacher, and not only, I can bring CAS worker in court as well to testify regarding PAS syndrome. I kept notes of all these incidents, past and present.

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Tayken said:
Here is some stuff for you to read Paco.

http://www.ottawadivorce.com/forum/search.php?searchid=787600

I cover most of your questions in these main thread threads that I have already posted.

http://www.ottawadivorce.com/forum/f3/legal-truisims-exposed-custody-access-reports-15153/

http://www.ottawadivorce.com/forum/f12/truisms-exposed-difficulty-term-abuse-case-law-16809/

Etc...

Good Luck!
Tayken
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Thank you tayken, that's really good stuff.

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FYI...I sent a request letter to OCL to fully disclose their info regarding their report and their recommendations, so that I need to understand and ascertain how they built that report.

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