If you are separating and there is a disagreement about parenting, you may have heard that the Office of the Children’s Lawyer (OCL) could become involved in your case.
Many parents are unsure what the OCL does, who can request its involvement, and whether a court request automatically means the OCL will accept the case.
The OCL can play an important role in parenting disputes by providing the court with information about a child’s views, preferences, circumstances, and needs. However, its involvement is not automatic, and the OCL does not make the final decision about parenting arrangements.
What Is the Office of the Children’s Lawyer?
The Office of the Children’s Lawyer is an independent law office within Ontario’s Ministry of the Attorney General. It provides services on behalf of children in a number of legal matters, including parenting disputes, child protection, certain civil matters, and estates and trusts.
In family law cases involving parenting time, decision-making responsibility, or contact, the OCL may provide:
- A lawyer to represent the child;
- A clinician, usually a social worker, to meet with the family and prepare a report; or
- Both a lawyer and a clinician.
The role depends on the circumstances of the case.
An OCL lawyer generally takes a position that is consistent with the child’s views and preferences, along with other relevant information. A clinician preparing a Children’s Lawyer Report investigates the circumstances and may make recommendations to the court about parenting arrangements and what would best meet the child’s needs.
The OCL does not make the final decision about parenting. That decision remains with the court.
How Does a Case Get Referred to the OCL?
If a parenting case is already before the court, a parent can ask a judge to request the OCL’s involvement. A judge may also decide on their own that OCL involvement would be appropriate. A request can be made at a court appearance or through a motion.
A parent cannot simply retain the OCL in the same way they would hire a private lawyer or assessor.
Importantly, a judge’s request does not guarantee that the OCL will accept the case. Once the request and intake information are received, the OCL reviews the circumstances and decides whether to provide services.
What Happens After the Court Requests the OCL?
For a standard parenting or contact order, the parties must each complete an OCL intake form within 14 days of the court making the order. The forms provide the OCL with information about the family and the issues before the court.
The OCL recommends answering all questions, completing the consent forms, providing current contact information, and submitting the forms as soon as possible.
The OCL then reviews the information provided by the court and the parties. It generally takes several weeks to determine whether a case will be accepted, depending on the volume of requests.
Parents should take the intake process seriously and follow the instructions provided by the OCL. If a party refuses to participate in a clinical investigation after a case has been accepted, the OCL may end its involvement and provide a discontinued report to the court.
When Might the OCL Become Involved?
The OCL does not become involved in every parenting dispute.
The court may request its involvement when it would benefit the court to have independent information about the child’s views, preferences, or circumstances. The OCL then considers whether its services are likely to help the child and whether the case meets its criteria for involvement.
Depending on the circumstances, an OCL investigation may involve speaking with:
- The child;
- Each parent or other relevant parties;
- Teachers or daycare providers;
- Doctors or other health professionals;
- Therapists; and
- Other people who may have relevant information about the child.
The nature of the investigation depends on whether the OCL assigns a lawyer, clinician, or both.
For example, a clinician may prepare a Children’s Lawyer Report addressing parenting time, decision-making responsibility, or contact. In other cases, the clinician may prepare a Voice of the Child Report, which focuses on communicating the child’s views to the court rather than making recommendations.
Why Might the OCL Decline a Case?
A court request does not mean the OCL must accept the case.
The OCL reviews the information provided and considers whether its involvement is likely to help the child. For example, the OCL’s published criteria identify circumstances where the child’s situation would not be improved by its involvement.
The OCL may also decline involvement where a Children’s Aid Society is investigating allegations of abuse or neglect, or where a Children’s Aid Society is or has been involved and has taken a position concerning parenting time or decision-making responsibility.
If the OCL declines a case, its involvement ends. However, the parties may request a review of the decision by providing written reasons, including any new information or changes in circumstances.
Does the Court Have to Follow the OCL’s Recommendations?
No.
An OCL report or the position taken by an OCL lawyer is evidence or information that the court can consider. The OCL itself does not decide what is in the child’s best interests.
Ultimately, the judge makes the decision about parenting time, decision-making responsibility, or contact. The court must consider the evidence before it, including any position taken by OCL counsel or recommendations contained in an OCL clinician’s report.
Frequently Asked Questions
You can ask a judge to request OCL involvement if your parenting case is before the court. However, the OCL independently reviews the case and decides whether to accept it.
The OCL is a government-funded office and its services in family law cases are provided at no cost to the parties.
If the OCL is involved in a case, parties are expected to participate in the process. Refusing to participate in a clinical investigation can result in the OCL ending its involvement and providing a discontinued report to the court.
The role depends on the service provided. An OCL lawyer generally takes a position consistent with the child’s views and preferences, while a clinician preparing a Children’s Lawyer Report makes recommendations about what would best meet the child’s needs. The judge makes the final decision.
No. An OCL report or the position taken by OCL counsel is considered by the court as part of the evidence. The judge ultimately decides the parenting issues based on the applicable law and the evidence before the court.
Key Takeaways
- The Office of the Children’s Lawyer (OCL) is an independent law office within Ontario’s Ministry of the Attorney General.
- In parenting cases, the OCL may provide a lawyer, clinician, or both.
- A parent can ask a judge to request OCL involvement, but the OCL decides whether to accept the case.
- Parties generally have 14 days to complete the standard OCL intake forms after the court makes the order.
- An OCL lawyer generally takes a position that considers the child’s views and preferences, while a clinician may prepare a report and make recommendations.
- The judge makes the final decision about parenting arrangements.
- If the OCL declines a case, the parties may request a review and provide new information or explain changed circumstances.
Talk to Progressive Legal Solutions
Parenting disputes can involve complex questions about decision-making responsibility, parenting time, and the role of the child’s views and preferences.
If you are involved in a parenting dispute and are unsure whether an OCL request or another form of assessment may be appropriate, speaking with a family lawyer can help you understand your options.
Progressive Legal Solutions assists clients with parenting and other family law matters across Ontario.
This article provides general information and is not legal advice. The outcome of any matter depends on its specific facts.
