What is the Office of the Children’s lawyer (OCL) and what do they do?
Many parents involved in family disputes are unfamiliar with the significant role the Office of the Children’s Lawyer (OCL) plays in custody and access matters. Its involvement can feel daunting, as its findings and recommendations often carry substantial weight in influencing the court’s decisions. However, their involvement can also de-escalate high-conflict cases, helping parents and the Court focus on the child’s best interests instead of other disputes.
This article delves into the OCL’s role and outlines how it assists in resolving disputes involving children.
What Is the Office of the Children’s Lawyer?
The Office of the Children’s Lawyer (OCL) is a unique institution within Ontario’s Ministry of the Attorney General, dedicated to advocating for children’s interests in a variety of legal contexts. By employing lawyers and clinicians (often social workers), the OCL provides specialized support to ensure that the voices and needs of children under 18 are heard in court proceedings[1].
The OCL operates as an independent office, offering justice-related services to children across Ontario. Its focus often extends beyond family law to include areas such as child protection, civil matters, estates, and trusts.
The OCL provides a range of services tailored to the circumstances of each case. For family law disputes, these services include legal representation, Children’s Lawyer Reports, and Voice of the Child Reports. While these services aim to protect and reflect the child’s interests, the OCL is not a decision-maker; its role is to provide the court with essential insights to guide informed rulings.
How Does the OCL Get Involved in Family Law Cases?
The OCL’s involvement in family law matters typically begins with a court order. In cases of parenting disputes, decision-making authority, or contact issues, the court may request the OCL’s assistance.
The OCL is unique in that it has the discretion to decline a court order for its involvement. When the court requests the OCL’s participation, the office reviews the circumstances of the case and determines whether to accept or reject the referral.
Court-Ordered Investigations
Under Section 112 of the Courts of Justice Act, the court may order the OCL to conduct an investigation into the child’s circumstances. These investigations often involve interviews with the child, parents, and other key individuals in the child’s life. During such interviews, the clinician/lawyer will attempt to determine what exactly is in the child’s best interests. This of course depends on the contextual factors of the case, such as the views and preferences and age of the child.
The OCL clinician compiles this information into a detailed report, which includes their recommendations for the court about the child’s best interests. Such reports often carry substantial weight in proceedings.
Legal Representation for the Child
In other cases, a court may ask the OCL to provide legal representation for the child. This often occurs in contentious disputes about parenting time or decision-making responsibilities. Should the OCL determine that their involvement is necessary, an OCL lawyer represents the child’s views and preferences in court, helping ensure that the child has a voice in the proceedings.
Depending on the complexity of the case, the OCL may assign both a lawyer and a clinician. While the lawyer advocates for the child’s wishes, the clinician focuses on gathering contextual information to assist the court in making its decision.
For instance, a clinician might prepare a Children’s Lawyer Report that includes recommendations based on their assessment of the family dynamics, while a lawyer focuses on presenting the child’s perspective to the court.
Beyond Family Law: Other Roles of the OCL
The OCL’s involvement extends beyond family law cases.
- Child Protection Cases: In cases of suspected abuse or neglect, the OCL often represents the child in court. A children’s aid society may also involve the OCL in alternative dispute resolution processes, such as mediation or Indigenous resolution practices.
- Civil Cases: The OCL can act as a litigation guardian for minors involved in civil disputes, such as personal injury or medical malpractice cases. It may also assess and recommend court approval for settlements involving minors.
- Estates and Trusts: The OCL represents children in cases where they may inherit money or property. If a child is entitled to receive a significant sum, the OCL ensures that the funds are properly managed, often through a court-appointed guardian or the Accountant of the Superior Court of Justice.
Limits of the OCL’s Mandate
Despite its wide-ranging responsibilities, the OCL’s role is narrowly defined. It does not provide legal advice to parents or caregivers, represent youth in criminal cases, or offer support for non-legal issues such as education or immigration.
Additionally, the OCL cannot enforce child support orders or make binding decisions about what is in a child’s best interests; these determinations are ultimately left to the court.
The Importance of the OCL in Family Disputes
The OCL plays a critical role in ensuring that children’s voices are heard in legal proceedings. By offering an impartial assessment of the child’s needs and preferences, the OCL helps courts navigate the often contentious issues surrounding family law disputes. While the OCL’s involvement does not dictate the final outcome, its contributions provide valuable context that can lead to more informed and equitable decisions.
For parents navigating complex legal matters involving children, understanding the role of the OCL can be an important step toward resolving disputes in a way that prioritizes the child’s well-being. If you are involved in a family law matter, consulting with a family lawyer can provide additional guidance on navigating the process effectively, especially in cases where the OCL is involved.
Have questions about the OCL or need legal guidance in family matters? Contact Progressive Legal Solutions today for trusted advice and support!
Written by: Caidan Ubell
[1] Overview, Office of the Children’s Lawyer, https://www.ontario.ca/page/office-childrens-lawyer