Often in Family Law matters the Court may recommend, or the parties may request, the appointment of the Office of the Children’s Lawyer (the “OCL”).
The purpose of the OCL it to help children in certain type of legal cases. The OCL may be helpful when an independent third-party opinion and information is needed about a child(ren)’s wishes.
How does the OCL get involved?
The OCL becomes involved in a case, at the request of a Judge. This request can be made with the consent of the parties, but their consent isn’t always necessary. A Judge may seek involvement of the OCL when independent information would be helpful. It is then up to the OCL to decide whether or not they will become involved.
When does the OCL take on a case?
The OCL usually agrees to take on a matter where there is significant conflict and/or interpretation of events between the parents and where their services would be to the benefit of the children. The OCL does not represent either of the parents and does not take instructions from the parents. Their job is to represent and present the best interests of the child(ren).
What does their involvement look like?
Once the OCL has taken on a matter, they may appoint a social worker clinician or a lawyer, or both, to the child(ren). The OCL will send each party a letter confirming their involvement and what the next steps required are.
An OCL clinician will interview the parents and children and will seek information from professionals involved with the child(ren). They then prepare a neutral report for the Court based on their own observations. Their report will include recommendations on how to resolve the various issues between the parents that are in the child(ren)’s best interest.
The clinician may schedule a Disclosure Meeting for the parties. This is a meeting with both parties and their counsel, if applicable. At this meeting, the clinician will summarize their investigation and recommendations. The meeting provides an opportunity for the parties to seek clarification on any of the issues and recommendations and sometimes helps to navigate a plan moving forward.
An OCL Lawyer will meet with the child(ren) and present the child’s wishes and point of view to the Court. They provide representation of the child(ren)’s interests and will not tell the parents about discussions they have had with the child(ren) without the child(ren)’s permission.
How does the Court use the OCL information?
The OCL does not decide what is best for the child(ren), rather they provide their recommendations to the Judge as to what is in the child(ren)’s best interest and/or what the child(ren)’s wishes are. The Judge will consider the position of the parents, or any other involved parties, as well as the position taken by the OCL Lawyer or recommendations of the clinician.
If you or someone you know needs assistance with a Family Law matter, we’re here to help – [email protected] This WARDS LAWYERS PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.
