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The Role of the Office of the Children's Lawyer (OCL) in Family Law Matters

Synopsis
  • OCL Representation: The OCL represents children's interests in Family Law matters, including child protection, parenting time, and decision-making.
  • Court-Ordered Involvement: The OCL can be appointed by the court for representation or investigation but retains the autonomy to accept or decline.
  • Voice of the Child: The OCL ensures children’s voices are heard in court, though the final decision is made by the judge.
Child with helmet riding bike

Understanding the Office of the Children’s Lawyer (OCL)

The Office of the Children’s Lawyer (OCL) is part of Ontario’s Ministry of the Attorney General and delivers justice programs on behalf of children. The OCL represents the interests of minor children (under the age of 18) in various matters, including child protection, parenting time, decision-making responsibility, civil estates, trust cases, and more. The OCL provides children with either a lawyer, a clinician who will write a report for the court, or both. This blog post explores the OCL's involvement in Family Law matters.

How Does the OCL Become Involved in a Family Law Matter?

The OCL can become involved in a Family Law matter in two ways:

  1. Court-Ordered Appointment Under Section 89(3.1) of the Courts of Justice Act:
    The court may order the appointment of the OCL to represent the child’s views and provide context for those views. However, the appointment is not automatic; the OCL has the autonomy to decide whether to become involved after each parent completes an intake questionnaire.
  2. Court-Ordered Investigation Under Section 112 of the Courts of Justice Act:
    The court may order the OCL to perform an investigation, report on the child’s needs, and make recommendations to the court. The OCL's in-house social workers perform the investigation, and again, the OCL decides whether to accept the appointment.

It is important to note that if the OCL refuses to accept an appointment, they cannot be compelled to take the case, except in child protection matters, where their involvement is mandatory when appointed by the court.

The Role of the OCL in Family Law Disputes

The OCL’s primary goal is to ensure that children involved in Family Law disputes have an opportunity to have their voices heard. Through meetings with the child(ren), the OCL determines the child’s wishes and generally takes a position consistent with those views, which is then conveyed to the court. However, the OCL is not the final decision-maker; the judge has the authority to issue a final decision, considering the position presented by the OCL along with other evidence submitted by the parties.

If you have questions about the Office of the Children’s Lawyer in your Family Law matter, please contact us to book a consultation. Our team of compassionate lawyers at INB Family Law LLP is here to help you and provide sound legal advice.


[1] Office of the Children’s Lawyer | ontario.ca