What role might the OCL play in my family law case? - The OCL conducts clinical assessments of families (in the context of custody and access disputes, for example) but also provides legal representation (their own lawyer) to children under 18. There may be good reasons why you may want to have the OCL involved in your case and, therefore, they may become involved on consent of both parties. The OCL may also be involved in your case as a result of non-consent court order.
Who pays for the OCL's services? - The services of the OCL are free to parties in a family law proceeding provided the OCL agrees to accept the case. The OCL (and not the court) ultimately decides whether the office will become involved in a particular case or not. This discretion is directly related to the fact that thousands of litigants want to use the free services of the OCL and apply for the OCL's assistance each day. Based on a review of Intake Forms submitted by the parties, the OCL decides which cases qualify.
Excellent website. Lots of useful information here.
ReplyDeletethe courts have just stated that the OCL get involved with custody/access as my daughter (13 years) wants to live with me (father). I have filled out my paperwork and sent it in. Will OCL wait for my ex to submit the forms before starting the process? Also, what does the whole process involve? My daughter is very upset that she has to go back to her mom's house
ReplyDeleteThis is my response based on the information you have provided - the Court can direct the OCL to take a look at a case and decide whether they will become involved (take a look at the last paragraph of my post) - ultimately, it is the OCL and not the Court who decides whether they will accept a case or not. Generally, the OCL make their decision only after both sides have submitted their intake forms. If the OCL accepts your case, they will also decide how they will be involved - whether a social worker will do an investigation of the family and provide a report OR whether your daughter will get a lawyer funded by the province. I hope this is of assistance. Did the Court order a timetable by which the intake forms are to be submitted? is mother keeping with the deadline? do you know if she has submitted the form?
Deletethank you so much for the quick reply :) The intake forms say to submit them within 2 weeks and as far as I know she hasn't submitted them yet.
DeleteDoes the OCL take most cases? Just wondering what the chances are that they will or won't accept the case. Do you happen to know how long the whole process takes for the decision to be made or would it depend on the depth of the case?
Yes, I realize the intake form gives that time - I was wondering if there was an order to that effect or giving any other timeline. If there was a court order and she did not comply, you would be in a slightly better position to force her on.
ReplyDeleteThe OCL takes some cases and not others - that is the best I can say. Filling out the form properly makes a big difference. The OCL have their internal criteria - it has to be a case which is serious enough to merit tax payer's money being spent on it. The timing of the decision whether to take the case or not and then, assuming it is accepted, to complete the investigation (if that is what the OCL is doing) - yes, that depends on the depth of the case.
no...there isn't an order giving a timeline.
ReplyDeletethanks again for the information...what a great service you provide :)
You are welcome! :)
Deletemy son (13) is meeting with a children's lawyer next month. He wants to live with me (dad). I have already met with the lawyer this week and he said that a child cannot decide...it is up to the parents to decide until he is 18. My son is upset as he wants to stay here and visit his mom with it being his decision when he goes there. My question to you is, what if my son doesn't agree with what the lawyer puts in his documentation? Also, he is a tempermental kid and I am wondering what happens if there is a potential personality conflict? Are we bound to this lawyer realizing that our name may go back to the bottom of the list?
ReplyDeleteI appreciate any feedback you can give me.
I am sorry but due to volume of interest, we can no longer reply to specific posts and questions.
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