The Office of the Children's Lawyer (OCL): Investigating vs. Representing
When the Court appoints the OCL, your case changes. Understand the difference between a Section 112 Clinical Investigation and Section 89 Legal Representation.
Legal Review: This guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure accuracy regarding the Courts of Justice Act and OCL intake procedures (2026).
Too Busy to Read? The 30-Second Answer
What is the OCL?
A government body that represents the "independent interests" of children in custody and access disputes. They are not the judge, but their voice carries immense weight.
The Two Modes:
1. Clinical Assist (s. 112):
A Social Worker conducts an investigation and writes a report with recommendations on who should get custody.
2. Legal Rep (s. 89):
A Lawyer is assigned to the child to argue for what the child wants (instructions), not necessarily what is "best."
The Cost:
The OCL is funded by the Province of Ontario (taxpayers). There is usually no direct cost to the parents.
Which One Was Ordered in Your Case?
Understanding the difference between Clinical Investigation and Legal Representation
Clinical Assist (Section 112)
Investigation & Recommendations
The Professional:
A Clinical Social Worker.
The Role:
Investigator. They interview parents, teachers, and doctors. They observe visits.
The Output:
A detailed OCL Report filed with the court recommending a specific custody schedule.
Best For:
Younger children or cases with mental health/safety concerns.
Legal Representation (Section 89)
Advocacy & Child's Voice
The Professional:
A Family Lawyer.
The Role:
Advocate. They meet with the child to determine their "views and preferences."
The Output:
A Position Statement in court arguing for the child's specific wishes (e.g., "The child wants to live with Dad").
Best For:
Older children (usually 10+) who can express clear, independent views.
What Happens After the Court Order?
The OCL process from intake to final disclosure
The Intake Forms
Both parents have 14 days to fill out detailed intake forms. Warning: The OCL can refuse to take the case if these are late or incomplete.
Tip: This is your first impression. Do not rant about your ex.
The Acceptance
The OCL decides whether to accept the case. They reject cases they deem unnecessary or where kids are doing fine.
The Disclosure Meeting
The OCL meets with the parents (and lawyers) to outline the plan.
The Interviews
The OCL meets the children alone, usually at school or the OCL office, to ensure parents aren't coaching them.
The Disclosure Meeting (Final)
The OCL reveals their position or recommendations to the parties before trial.
Do's and Don'ts for OCL Involvement
Your interaction with the OCL can make or break your custody case.
DON'T Coach the Child
If a child uses adult language (e.g., "I have an affidavit"), the OCL will suspect manipulation.
DO Focus on the Child
Talk about the child's needs, not your ex's flaws.
DON'T Grill the Child
After their meeting with the OCL, do not ask "What did you say?" or "Did you tell them about the yelling?"
DO Be Organized
Provide school reports and medical records promptly.
Critical Warning:
The OCL's report or position carries significant weight with judges. A negative recommendation can be extremely difficult to overcome. Treat every interaction with the OCL as if you're speaking directly to the judge.
Common OCL Myths
The Final Say
Myth: "Whatever the OCL recommends, the Judge will do."
Just Evidence
Reality: The OCL Report is just evidence. It is weighty, but it can be challenged. If the OCL gets the facts wrong, we can cross-examine them at trial.
Common Questions About the OCL
The OCL is Watching. Are You Ready?
When the OCL is appointed, your parenting is under a microscope. We help you prepare for intake meetings and challenge inaccurate OCL reports.
Book Your OCL Strategy Session
Deepa Tailor, Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She has extensive experience working with OCL clinicians and lawyers to ensure her clients' parenting strengths are accurately portrayed.
View Full Bio