The Office of the Children’s Lawyer (OCL) is a division of the Ministry of the Attorney General of Ontario. The OCL represents children who are under age 18 in litigation involving custody, access, child protection, estates, trusts, and civil litigation. Under section 89 of the Courts of Justice Act, a lawyer from the OCL may be appointed to represent a child’s legal interests in a custody or access proceeding. Pursuant to section 112 of the Courts of Justice Act, a clinical investigator, who is usually a social worker, may make an investigation as to the views and preferences of the child(ren) with respect to a custody or access proceeding. Even if a Court requests their appointment, the OCL may decline to become involved based on their intake criteria. The OCL may not accept involvement in the following situations: “The child resides outside of Ontario; The child and/or either parent/party does not reside where the action is being conducted; There is an outstanding or anticipated order for assessment or mediation, or an assessment or mediation is pending; An assessment has been completed about custody and access in the year preceding the request; A review of the case history indicates that there...
