Tips for dealing with OCL and Private Assessors

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Does anyone know whether there is a real risk or not of an OCL lawyer at a settlement conference telling the judge they have determined what the children want / best interests of the children, tell the judge, and the SC judge makes an order on it at the SC even though you are set for trial and this SC was just requested (by myself) in hopes that the judge encourages the other party to hear and consider negotiating a settlement based upon my latest offer?

I am just concerned that having this SC that I requested and the other lawyer did not want to consent to backfires now that I have an OCL lawyer aggressively getting through interviews and wanting to attend the SC. I am running out of time as my brief is due tomorrow and the conference is in just over a week if I need to look and asking for it to be cancelled out of concern. I want a trial judge if we can't settle to hear and rule on our case and thought that SC judges cannot but a friend suggested it happened in their case.
 
Nothing should happen at settlement conference unless on consent. Simply go there trying to move closer on those issues you can, showing the judge you really want to act in the best interest of the children. Of course, in my opinion, that should only be with a view for equal parenting.

A judge will listen to evidence at trial and deal with your issues then if both parties cannot compromise.
 
Thanks I thought so. I've been tempted to go in with an offer to settle which is less than equal time. I offered that last week without prejudice as a last step resort to prevent the children from having to be dragged into this even more and go for a first interview with the OCL lawyer but neither my ex or her lawyer acknowledged the offer until yesterday a.m. too late. I will go back into the SC with an offer with a gradual 2-2-5-5.

The reason for my concern was talking to a single Mom I know yesterday and this just happened in her case, they already had an agreement, OCL Lawyer was appointed for the children, had a SC, OCL Lawyer showed up and told the judge she was ready to present her position on what would be in the best interests of the children and the judge ordered it on the spot at the SC. That scared me a bit being that I asked for the SC after trial date has been set, and OCL lawyer is pushing aggressively on his interviews.
 
Don't give up, equal shared parenting is a reachable goal. Look up the orange county of California parenting guidelines on Google for parenting plans and how to fast track gradual access to equal shared (gradual as in 8 weeks from nothing to equal shared).
 
Thank you InvolvedDad,

I wish there were some Ontario examples of gradual plans to 5-5-2-2.

This settlement conference brief is due now and I don't know how to suggest I take my current access schedule and suggest in a reasonable gradual way to get me to 5-5-2-2 (I was thinking 6 months?)
 
DontGiveUp said:
The reason for my concern was talking to a single Mom I know yesterday and this just happened in her case, they already had an agreement, OCL Lawyer was appointed for the children, had a SC, OCL Lawyer showed up and told the judge she was ready to present her position on what would be in the best interests of the children and the judge ordered it on the spot at the SC. That scared me a bit being that I asked for the SC after trial date has been set, and OCL lawyer is pushing aggressively on his interviews.
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In a nutshell, a judge is not permitted to make an order if a party is blindsided. If you do not receive advance notice that an order will be requested, and you do not know in advance what the order is, and you do not have time to prepare beforehand, then a judge should not be making an order. This would absolutely be thrown out on appeal.

As well, final orders should only be made on consent at a SC. Exceptions to this are very rare, and would be extreme situations in order to be justified.

I am not saying it didn't happen, but it is far-fetched, and I would not personally rely on information that is this far-fetched coming third-hand from an anonymous source.

Psychologically, when we don't get what we want from court, it happens that we distort our memories and perceptions when we tell our stories. We don't want to look like fools or losers, so we portray the situation as though we were helpless martyrs. This happens to us all. I would feel more confident about this story if there were case law cited. Unfortunately that is not possible with a SC.

Please read this thread http://www.ottawadivorce.com/forum/f3/czutrin-appeal-purpose-conferences-clarified-15545/ for a discussion that includes case law.

That case deals with case conference, not settlement conference, and the expectation may be slightly different, but the issues of procedural fairness, the family law rules, and notice still apply.
 
Thank you Mess.

I did find it weird. It was directly from the mouth of a single Mom I know and she won custody through this court order apparently ordered at the SC conference after the OCL Lawyer attended and produced their position on this best interests and wishes of the children.

Perhaps this happened because the Father was already not allowed to see the children and the children didn't want to see him and the father lashed out at the OCL lawyer's position in court and then the judge decided in rare case to make the order?
 
The order should have been made due to facts presented and in accordance with the law. Not because someone lost their temper.
 
I'm not sure what happened then. She won her order so I don't know why she'd make it up that the judge awarded it at SC, no trial and telling me to be careful because that is what just happened in her case. An order like that should come froma trial and trial judge. Weird. It made me reconsider going through with the 2nd SC but I am, brief is done with a new offer to settle. Thanks to those who gave insights and suggestions.
 
Ok, I just received a SC Brief from the OCL Lawyer (had no idea they did one) and he is asking for our trial management conference in Dec and our sitting for trial of Feb next year to be adjourned so that OCL can finish their investigation shoult they get approved to involve a social worker.... Help!

I do not want the trial management conference and trial pushed back at this stage, especially since nobody has yet agreed to social worker involvement.

The statue quo is already 5 yrs and counting and if trial is delayed I won't be able to successfully get some additional access time through motion as wouldn't a judge most likely not even want to make an interim order on some increased access until OCL position is available? So how do I then change the status quo and slowly increase my access? Any insight would be appreciated on how best to proceed.
 
Well I would start by starting a new thread at this point.
Take this conversation off this thread and on to a new one.

You can PM me if you like as I need more information such as ages, history current access, distance you live apart, etc. etc. etc.
 
So OCL Lawyer at the end of most recent interview of my children starts telling me in front of the kids that he's asking for our SC to be adjourned as well as the TMC and Trial because he would like an assessor involved and if so they are going to have to start from scratch and interview everyone all over again. Brutal! So inappropriate to discuss in front of my kids when I am told I am not allowed to talk to them about going to see the OCL Lawyer and why they are going etc.
 
can i record the verbal disclosure meeting with Clinical Investigator?

will be a few weeks i guess before the written report is complete?
 
I would, but I wouldn't ask.
By law you can record any conversation your a party to.
Your simply doing it, to aid in your note taking.
 
involveddad75 said:
I would, but I wouldn't ask.
By law you can record any conversation your a party to.
Your simply doing it, to aid in your note taking.
Click to expand...

Not sure about that, when it comes to be in a university lecturer room.

The mere fact that your in there as a student, doesn't give you the right (without permission) to start recording the lecturer/professor
 
I agree with involveddad75, would just add that if you plan on using the recording in court, this is a very different matter and would depend on the circumstances and relevance.
 
Hi all, related question I believe.

Now represented by a lawyer and Children's Lawyer has now brought on social work assist. I am the Applicant seeking a motion to change / vary existing separation agreement in regards to increased acces (close to / equal to 50%) / shared custody.

The Children's Lawyer and Assessor so far are only scheduling an in-home visit / observation not with my ex. I feel that is because I have made all my pleadings about the best interest's of the children and tried not to be all about her vindictiveness or parenting, concern of parental alienation thanks to her now new hubby etc.

What is your opinion on this? Should I be pushing hard for the OCL to do a in-home evaluation / observation with them as well? Should I be concerned they online want to do it with me. Is this odd or not? Appreciate any feedback. My lawyer just said: oh it's just because you are the only one pursuing a significant increase in access and the OCL just wants to see how you parent and how the children respond / interact with you. Mind you my lawyer is new to my case and hasn't been able to review all the background and documents yet.

As you may recall, I've experienced what I believe is some bias from the Children's Lawyer from my first meeting and now a social work assist has be brought in by this individual as well.
 
I would be asking what the purpose of the observation is for?
If it's to determine the best interests of the child, then state how the the OCL being involved? Under what legislation?
If they refer to the best interests of the child, then ask that the OCL commit to provide both parties with a report, and that all collateral notes be disclosed after the report is filed. And ask them to commit to that in writing.

If it's to determine the preferences of the children. Away from your ex's influence, then by all means agree to it.

At the end of the day the OCL must show that they acted in a balanced and neutral way. Anything that is not balanced and neutral can be used to have the recommendations thrown out.
 
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