Tips for dealing with OCL and Private Assessors

Status
Not open for further replies.

involveddad75

New member
I post this here for those about to go through an OCL assessment or a private assessment, if anyone wishes to add to this then please do so.

Position to take for joint custody equal shared parenting.
Explain that the children have lost their family as they know it. That you feel the children shouldn't lose their relationship with either parent.
The only consern you have is that with all the aligations being thrown out there to cloudy and muddy the waters it makes the assessors job more difficult. How can an assessor award joint custody when things like this are happening. Assure the assessor that you won't be adding to the noise. And ask the assessor to ask you how things are working, and how things are likely going to improve once your family is out of court. Talk about seeking couselling for improving communication, and support dealing with stress due to seperation. And that you are dealing well.

Basically an assessor's job is to be a fotune teller, they don't care about the past (provided there isn't abuse) only about moving forward.
The position to take: Assessor's position is very hard they are only in the children's lives for a split second, we as parents are in it for the long haul.
An assessor is also doing the assessment at a time of high emotion and high stress, and high animosity. They aren't comming back to check up on their assessment 2, 4, 6 years down the road. and learn from their mistakes. It's a snap shot. No one can read the future.

Now for the factual stuff.
This is taken from what I have learned during my assessment and the case notes which were released to me. I should add that my OCL report recommended Sole custody to my ex. I did end up with paralle and equal shared at trial. So this is what I would do now if given a second chance.

OCL generally gets 20 hours to do an assessment give or take.
4 hours parent interviews (2 hours with each parent usaully in 1 hour sittings)
3 hours observing the children (1.5 hours with each parent)
3 hours collecting colateral evidence (talking to family and friends)
Note this is all heresay and is all untested evidence. remember that
when you question the assessor at trial if you are disputing it.
2 disclosure meeting
8 hours writting 40 page report.

Here is a list of questions the OCL will likely ask you. This is taken directly from the case note of my assessor notes. And althrough maybe worded different generally you get the picture. You should have answers to these questions before the start of your assessment.

Remember frame everything around how equal shared parenting benifits the children. Not you, focus on the benifits for the children.

How did you and your partner meet?
Relationship Background:
Court Activity:
Parenting Arrangement History:
Exchange Routines:
What is working well in this situation?
What is not working so well in this situation?
Was there any violence during or after relationship with ex-partner?
Did the child/ren witness violence?
What led to the separation?
How have you coped since the separation?
Are you involved in another relationship?
What are your strengths/weaknesses as a parent?
How do you discipline?
Has your children ever been abused by anyone? Was there CAS/Police involvement?
Do you have any worries about your child/ren?
What is a typical day like in your household with the child/ren?
Can you tell me about your child/ren?
Who do you think the child/ren would like to be with? Why?
What would you like to see happen in terms of custody? Why?
How do you plan to make it work?
How did this custody situation get to be such a mess?
What are you doing to avoid conflict?
What. if anything. do you wish you had done differently since separating?
Who has the child/ren been involved with? (babysitters. daycare. family members, school etc?
Has the child/ren ever been in hospital?
Have you ever been hospitalized?
Have you ever experimented with drugs?
How many drinks do you have in a week?
Have you ever been told you have a substance abuse problem?
Do you have a history of mental illness?
Have you ever gone to counselling? Have you ever seen a psychiatrist?
Have you ever been involved with the law?
Tell me about your education history:
Tell me about your work history:
What is your financial situation?
Where were you born?
Parents Names/Marital Status
Do you have siblings & what is your relationship like with him/her/them?
 
OCL assessors can vary greatly. Private assessors tend to be a little more thorough (since they get paid).

If you don't agree with the assessor's report, WorkingDad's case is a great example of how a well prepared self repped litigant can utterly annihilate the OCL report if it's not done properly.

Like most things, you get what you pay for.
 
OCL assessors can vary greatly. Private assessors tend to be a little more thorough (since they get paid).

If you don't agree with the assessor's report, WorkingDad's case is a great example of how a well prepared self repped litigant can utterly annihilate the OCL report if it's not done properly.

Like most things, you get what you pay for.

It's not like OCL do it for free. In my case guy make more than 132k if my memory shart.
I tend to think it more to do with personal qualities. I probably could not do it becouse I would not be able treat it as 9 to 5 job and posibility of making mistake would be unbarable...

WD
 
...a well prepared self repped litigant can utterly annihilate the OCL report if it's not done properly.

My first time around, FLIC lawyer told me it was hopeless to fight it.

When asked if I could not challange the data, methodology, or potenetial bias of the OCL investigators work - her answer was `only if you land an exceptionally well paying job, will you be able to overcome that obstacle.`.

I took her word for it.

Foolish me.
 
It's people like that, that help make our justice system so flawed.

My lawyer told me one month before trial, that I was going to lose. Then told my parents I was going to lose, then told me to remove her from the case or she would remove herself.

Well I did just that. I removed her, prepared for trial and did it all myself.
I had the help of a support group and a lawyer who just helped formulate the questions for the OCL. and I did practice questioning with some friends.

In the end the OCL's report didn't have any weight.
In my opinion I couldn't give up fighting for equal shared parenting and joint custody. Everyday I put our children to bed, I would think to myself I can't give up, if I lose, I have to be able to look in or children's eyes and say to them when they say why didn't you fight. That I did.
I know it's silly but thats what got me through the days.
Would our child ever ask the question who knows, but it's wat got me through it.
 
It's people like that, that help make our justice system so flawed.

My lawyer told me one month before trial, that I was going to lose. Then told my parents I was going to lose, then told me to remove her from the case or she would remove herself.

Well I did just that. I removed her, prepared for trial and did it all myself.
I had the help of a support group and a lawyer who just helped formulate the questions for the OCL. and I did practice questioning with some friends.

In the end the OCL's report didn't have any weight.
In my opinion I couldn't give up fighting for equal shared parenting and joint custody. Everyday I put our children to bed, I would think to myself I can't give up, if I lose, I have to be able to look in or children's eyes and say to them when they say why didn't you fight. That I did.
I know it's silly but thats what got me through the days.
Would our child ever ask the question who knows, but it's wat got me through it.

Good job. I am glad you had some help ;)
 
Good job. I am glad you had some help ;)

Honestly, some well educated and experienced people who have done this should get together and write a book on how to cross examine a custody and access expert. Just saying... When they have the time that is... ;)
 
I post this here for those about to go through an OCL assessment or a private assessment, if anyone wishes to add to this then please do so....

InvolvedDad75:

Your list of questions are accurate. What you should do, if you have the time, I just haven't had time to do it myself is research the clinical scales and other materials that these assessors use for intake.

There are four main ones. You can actually find the clinical guides for two of them online. I just haven't had time to write them up and expose them to the general public.

But, a well educated person can find them and post the links to this site. There are some freely accessable white papers on the matters where the college has provided detailed guidance to clinicians in Ontario on the requirements of assessors etc... Social workers publish one too.

It would be a benefit if you could find the time to start exposing this material. I have not been able to get to it. I can fill in the blanks on the materials as they come up. I get too many PMs and have to respond to too many threads to even keep up with these kinds of postings.

WD, you probably could rip up the information quickly through Google too. I can identify the relevant materials and dig out the key points in it once it starts flowing on to the site.

Good LucK!
Tayken
 
As someone going into the second stage of an OCL assessment, I can't believe how much involveddad75 has just helped many of us with this material. It's a struggle every single day to deal with the stress tearing out lives apart, quite unfortunately.

I commend everyone for sharing, so that parents get to be parents when they're focused on the children. I think the Ottawa Divorce forum was set up to help each other out.

I'll keep everyone posted on my situation if it's something that will help others.
 
Please keep posting experiences and advice. I will make this post a sticky. Let's try not to rant and keep it to positive suggestions. Thanks everyone.
 
OCL did their assessment in my case and found most things in my favour and disproved a lot of the lies in the respondent, my ex, motions. She has also recommended joint custody and fairly decent access, mush better than the temporary order. my ex stalled a lot in the investigation. she wouldnt acknowledge receipt of copies of the documents i sent to OCL and wouldnt even pick up the registered mail i sent. Does anyone know if it is worth doing a motion to get the temporary access order changed based on the stalling and OCL report. She has a lawyer so if the motion is denied i will be stuck with her costs.
 
Does anyone know if it is worth doing a motion to get the temporary access order changed based on the stalling and OCL report. .

Do a search on this site for the term "status quo" and you will find that it is most likely in your best interest to proceed with the motion to increase.

How much parenting time/access do you have and how long has it been in place?
 
Do a search on this site for the term "status quo" and you will find that it is most likely in your best interest to proceed with the motion to increase.

How much parenting time/access do you have and how long has it been in place?

I currently havew every other weekend from 10am saturday morning to 5pm sunday evening and wednesday from 3:30pm to 7pm.

The OCL has suggested every other weekend from Friday after school to Monday morning pick up at school and Wednesday from after school to Thursday drop off at school.

The current order has been in place since April 2012 after 8 month court battle where I had almost no access at all. Access has been withheld for illness aproximately 50% of my weekends and this has now stopped since the OCL report was released saying our daughter is at risk of PAS.

The other party used many tactics to stall the investigation including refusing to acknowledge receipts of documents I had sent to the investigater and sending the investigater 200 pages of documents 1 week before scheduled discovery and not sending me copies. Discovery was cancelled and OCL report was supposed to be released in November was not released until January 1013.

Thanks
 
You should be consistently trying to increase access, in every way, as often as reasonably possible, until you have achieved 50/50. Why would you not?
 
You should be consistently trying to increase access, in every way, as often as reasonably possible, until you have achieved 50/50. Why would you not?

The only reason why I am afraid to try and increase access is because she has a lawyer and if my motion is denied I will have to pay her lawyer. I gave her all my money every month for 11 years and she did all the finances including savings for our family. The savings are all in her personal bank accounts, she forced me out of the home by calling the Police on me repeatedly. The Officer said to me to do myself a favour and find another place to live so i did. She has all the savings and she told me she is using them to pay her legal. i have nothing to pay for legal so If I am going to bring a motion it has to be a very good chance that I will win.
 
In my case I went to the court. Judge asked us to fillout the intake form and he asked the OCL to investigate. I had the kids for full sole custody then OCL involved and gave me the report that my x-wife have the sole custodyand no way for the shared custody. After 20min that gave me the consent to sign that they are going to give me JOINT Custody and it will review after one year?
I am afraid what is going to happen to me?

Help Me.
 
The only reason why I am afraid to try and increase access is because she has a lawyer and if my motion is denied I will have to pay her lawyer.

Child support will hurt you (and your children's relationship with you) far more than any costs award, you only pay the full costs if you have been really really naughty. You might even win, then she has to pay you.


The savings are all in her personal bank accounts, she forced me out of the home by calling the Police on me repeatedly. The Officer said to me to do myself a favour and find another place to live so i did.

Don't take legal advice from the police.


She has all the savings and she told me she is using them to pay her legal.

Try to get her to say that in writing. If those savings are truly fraudulently withheld from you, then you are not necessarily going to lose this case.


i have nothing to pay for legal so If I am going to bring a motion it has to be a very good chance that I will win.

If you truly have nothing, apply for legal aid, or self rep. Despite the oft quoted case on this site, legal aid pretty much does give you wings unless you really really jerk around the court system.

Frankly, for parents with shared custody where both parents are gainfully employed, it is very difficult to make it cost-effective to go to court. However, for those parents who do not have custody and are paying table support, I think it makes financial sense to fight every year for custody until the ex has successfully alienated the kids from you.

Oh, and if you have somehow been convinced that you are not a good parent, get over it. Being a parent is very easy. Many uneducated, lower quartile intelligence humans with functional reproductive organs become parents every day. If they can do it, so can you. That crap about how a parent is the hardest job in the world is some of the worst propaganda ever made. It is easy and rewarding... trust me, you want it.

I'm not sure why you are so convinced you are going to lose.
 
i dont think i am going to lose in the long run. I think i will win because she has withheld access and there is proof, the ocl found a police report where she admits she has withheld access plus she wrote a letter to the school saying she has sole custody and i am to have no access. i just dont know if i will win a motion asking for a change to the temp access order pending trial. oh and i have her on tape threatening me with legal and i said how will you pay and she said i have money put away. i gave her all the money in the marriage and she paid bills and saved for our family :( i cant get legal aid because i own the house she is living in with our child. she is asking for sole possession of the house. i told her i will give it to her if she signs that she wont move our child out of the house for 5 years and if she does i want my half. she refused and just wants it anyway. she is asking for the court to give it to her.l
 
oh and i have her on tape threatening me with legal and i said how will you pay and she said i have money put away.

I don't fully understand why you are so worried about losing in court.

she is asking for sole possession of the house. i told her i will give it to her if she signs that she wont move our child out of the house for 5 years and if she does i want my half. she refused and just wants it anyway. she is asking for the court to give it to her.l

If she did sign that paper, it would not have any effect whatsoever. She could sign the paper and then move out with impunity 2 months later. Hell, she could move out 10 seconds after getting the house.

Perhaps you meant "exclusive possession"? That would be when she lives in the house, but you still own it. The way you wrote the above it sounded like you were considering an unequal division of marital assets (namely, giving her the house). If she is asking for exclusive possession, she will probably have to accuse you of domestic violence first.

Either way, I would just get the house sold on the market now. Send a registered letter saying that you want to list the house, or you want to be bought out within X days. You get the cash you need to fight your legal battle, and don't have to worry about costs.

I think you need to get to court, and you need representation while in court. I don't think you understand the laws well enough to adequately defend yourself.
 
Status
Not open for further replies.
Back
Top