If there is a dispute about a child’s custody and/or access, a court may appoint the Office of the Children’s Lawyer (also known as the OCL) to give the court independent information as to the wishes of the child and additional information relating to the best interests of the child.
In addition, after a court action about custody and/or access is initiated, the parties in the case may request that the Office of the Children’s Lawyer be appointed.
Pursuant to section 112 of the Courts of Justice Act, the Office of the Children’s Lawyer may investigate, make a report, and suggest recommendations to the court.
Understanding the Role of the OCL
The Office of the Children’s Lawyer serves as an independent voice for children in family law proceedings across Ontario. As a government-funded agency operating under the Ministry of the Attorney General, the OCL provides legal representation and clinical investigation services to ensure that children’s perspectives and best interests are properly considered in matters that will significantly impact their lives.
When the OCL becomes involved in a case, they typically provide services through one of two streams: legal representation or clinical investigation. In legal representation cases, a lawyer is assigned to advocate directly for the child’s expressed wishes throughout the proceedings. In clinical investigation cases, a trained social worker conducts interviews and assessments to provide the court with an independent report about what arrangements would best serve the child’s interests.
How Does a Case Get Referred to the OCL?
There are several pathways through which the OCL may become involved in a custody or access dispute. Most commonly, a judge may order OCL involvement when they believe independent information about the child’s circumstances is necessary to make an informed decision. This typically occurs in cases involving serious parental conflict, allegations of abuse or neglect, mental health concerns, or situations where a child has expressed strong preferences about their living arrangements.
Parents or their lawyers can also request OCL involvement by bringing a motion before the court, though the final decision rests with the judge. The OCL itself maintains discretion to accept or decline cases based on factors such as case complexity, available resources, and whether their involvement would genuinely benefit the child and assist the court.
What Happens During an OCL Investigation?
Once appointed to a case, the OCL’s process is thorough and child-centered. A clinical investigator will typically meet with the child in a comfortable, neutral setting to understand their views, feelings, and experiences. These conversations are age-appropriate and designed to minimize stress while gathering meaningful information about the child’s relationships, home environments, and preferences.
The investigator will also interview both parents, observe parent-child interactions, review relevant documents, and may speak with other important people in the child’s life, such as teachers, doctors, therapists, or extended family members. This comprehensive approach ensures the court receives a complete picture of the child’s situation rather than relying solely on the potentially biased accounts of disputing parents.
The OCL Report and Recommendations
Following their investigation, the OCL prepares a detailed report for the court that includes observations about the child’s circumstances, analysis of the relevant factors affecting the child’s best interests, and specific recommendations about custody and access arrangements. These reports carry significant weight with judges, as they represent an independent, professional assessment focused solely on the child’s welfare rather than either parent’s interests.
It’s important to understand that while judges give serious consideration to OCL recommendations, they are not bound to follow them. The OCL report is one piece of evidence among many that the court will consider when making its final determination about parenting arrangements.
Timeline and What to Expect
Families should be prepared for the OCL process to take time. Depending on case complexity and the OCL’s current caseload, investigations typically take several months to complete. During this period, parents should cooperate fully with the investigator, respond promptly to requests for information, and avoid attempting to influence their child’s statements or the investigation’s outcome.Understanding the OCL’s role can help parents navigate this process more effectively while keeping their focus where it belongs: on their children’s wellbeing during a difficult family transition.
In most custody and/or access cases, children are not represented by the Office of the Children’s Lawyer.
The Office of the Children’s Lawyer is most often involved in high conflict custody and/or access cases.
For more information on the Office of the Children’s Lawyer, contact Krol & Krol at 905.707.3370.
Office of the Children’s Lawyer FAQs
What does the Office of the Children’s Lawyer do in Ontario?
The Office of the Children’s Lawyer (OCL) is a government agency that represents children’s best interests in family law and civil litigation matters. The OCL provides legal representation through lawyers and clinical investigation services through social workers to help courts make decisions affecting children in custody disputes, child protection cases, and civil matters.
When does the Office of the Children’s Lawyer get involved in a case?
The OCL typically becomes involved when a judge orders their participation, when parents jointly request their involvement, or in serious child protection cases. This occurs in high-conflict custody disputes, cases involving allegations of abuse or neglect, parental alienation concerns, or when a child’s views need independent assessment.
How much does the Office of the Children’s Lawyer cost?
The OCL’s services are provided at no cost to families in most family law cases. This government-funded service ensures children have independent legal representation regardless of their parents’ financial situation. However, the OCL has limited resources and prioritizes cases based on urgency and the severity of issues affecting the child.
Can parents refuse the Office of the Children’s Lawyer’s involvement?
If a judge orders OCL involvement, parents cannot refuse it. However, if parents jointly request OCL services, either parent can withdraw consent before the OCL accepts the case. Once the OCL is formally involved through court order, their participation continues until the case concludes or the court releases them from their duties.
What is the difference between a lawyer and a clinician from the OCL?
An OCL lawyer provides legal representation for the child, advocating for their best interests in court proceedings. An OCL clinician is a social worker who conducts investigations, interviews family members, and prepares reports with recommendations for the court. Some cases receive only a lawyer, only a clinician, or both depending on complexity.
