Welcome to the Tailor Law Podcast, your trusted source for family and divorce law guidance in Ontario. I’m your host, here to help you navigate complex legal matters with clarity and confidence. In today’s episode, we’re diving deep into the Office of the Children’s Lawyer in Ontario—what it is, how it works, and what parents need to know when it becomes involved in custody and access disputes.
When parents are navigating separation or divorce, one of the most challenging aspects can be resolving parenting disputes. Questions about custody, access, and decision-making for children can become contentious, and in high-conflict cases, the court may seek additional insight to ensure decisions are made in the best interests of the child. This is where the Office of the Children’s Lawyer, often referred to as the OCL, comes into play.
The OCL operates under the Ministry of the Attorney General in Ontario and has a specific role in family law matters. Its primary responsibility is to represent children under the age of 18 in court proceedings where their welfare is at stake. The OCL can provide either legal representation for the child or prepare clinical reports that help inform the court about the child’s circumstances.
There are two main ways the OCL becomes involved in family law cases. The first is through Section 89 of the Courts of Justice Act, where a judge may request that a lawyer be appointed to represent the child. This lawyer advocates solely for the child’s wishes and preferences, ensuring that the child’s voice is heard in the legal process. The second is under Section 112 of the same Act, where a clinician—typically a social worker—is appointed to conduct an investigation and prepare a report on the child’s situation. This report focuses on what is in the best interests of the child, providing the court with a comprehensive view of the family dynamics.
One of the significant advantages of involving the OCL is that its services are funded by the Ontario government. Unlike private assessments, which can be costly, the OCL offers a no-cost solution for families navigating complex custody and access issues. However, it’s important to note that the OCL does not automatically accept every case. A judge’s endorsement for the OCL’s involvement is essentially a request, and the OCL evaluates each case based on available resources and the specifics of the situation.
When the OCL accepts a case, parents are typically required to complete detailed intake forms. These forms gather essential information about the family situation and must be submitted promptly—usually within 10 days. Timely submission is crucial because missing this deadline can result in the OCL declining to get involved, potentially delaying the legal process.
Once involved, the OCL’s clinician or lawyer will gather information by meeting with the parents, the child, and sometimes extended family members, teachers, or other significant individuals in the child’s life. This comprehensive approach ensures that the court receives well-rounded insight into the family dynamics. For clinical reports, this process often includes home visits and independent meetings with the child to minimize the risk of parental influence on the child’s responses.
A key step in this process is the disclosure meeting. During this meeting, the OCL presents its findings and recommendations to both parents and their legal representatives. This is not an opportunity for argument but rather a chance to clarify factual details. Many families find that these meetings lead to resolutions without further court involvement. However, if no agreement is reached, the clinician will submit a formal written report to the court, which can significantly influence the judge’s decisions.
Parents who disagree with the OCL’s findings have the right to file a formal objection. This objection must be submitted within 30 days and typically highlights factual inaccuracies or overlooked information. The OCL may choose to revise its report based on the objection or maintain its original recommendations. Regardless, the objection becomes part of the official court record and can impact how the case proceeds.
It’s also important to distinguish between the OCL’s roles. A lawyer appointed by the OCL strictly represents the child’s wishes and preferences, whereas a clinician focuses on what is in the child’s best interests. This distinction is critical, especially in cases involving older children whose preferences may carry more weight in court.
Understanding the Office of the Children’s Lawyer and how it operates can empower parents to navigate custody and access disputes more effectively. It is a valuable resource in ensuring that children’s voices and best interests are front and center in family law proceedings.
If you’re facing a family law issue and need guidance on how the OCL might impact your case, Tailor Law is here to help. Our experienced family lawyers can provide the support and legal advice you need during this challenging time. Visit us at TailorLaw.com to schedule a consultation and take the first step toward resolving your legal matters with confidence.
Thank you for listening to the Tailor Law Podcast. Stay informed, stay empowered, and remember—we’re here to help.