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