When parents who are married or in a common-law relationship separate, Ontario’s Children’s Law Reform Act gives each parent joint custody and equal access to the children unless a court orders otherwise. This means that both parents should participate in decision making, though communicating and agreeing on decisions can be difficult. Sometimes, these disputes can only be resolved by a court. In Ontario, the Office of the Children’s Lawyer (OCL) is involved in many child custody cases. 

 

The OCL is part of Ontario’s Ministry of the Attorney General and provides independent legal advice for children 1 under 18 years of age who have been affected by their parents’ separation or divorce. The OCL advocates for the best interests of children and helps protect these rights. It does this by providing legal help to children who could not otherwise afford it, examining cases where there may be a conflict of interest between adults, and by making sure children’s wishes are considered when it comes to custody or access issues.

 

In child custody cases involving the OCL, they will act as an independent party and provide the court with additional information and advice regarding the child’s best interests. They may also suggest parenting plans and make recommendations to the court about what kind of arrangements are in the child's best interest. In certain circumstances, they may also provide research and reports to the court and recommend mental health assessments, as well as advocate for the child to ensure that their wishes are given proper consideration in any decisions made by the court.

 

The OCL can help families resolve differences at various stages of a proceeding, from the initial dispute resolution meetings to court proceedings. They can help parents reach agreement on parenting plans, grandparent access, school registration, medical treatment and other matters related to custody and access. 

 

When children are trying to resolve disputes over matters such as custody and access, the assistance of the OCL can be invaluable in ensuring that the dispute is settled in a way that is in the best interests of the child. Parents should contact the OCL if they are considering bringing a case about custody and access to court. The OCL can provide impartial legal advice and help you understand the best steps to take for your family.

 

The Office of the Children’s Lawyer (OCL) is an independent body that provides representation and advocacy for children involved in child protection, adoption, and access cases throughout Ontario. The OCL is responsible for protecting the rights and best interests of children, and serves to be a strong advocate for their voices in court proceedings and settlements. 

 

One major example of the OCL providing a successful legal outcome for a child in Ontario was the case of Re MWB. In this case, the Ministry of Children and Youth Services brought a motion to the court to remove an impoverished mother and her daughter from their home. The OCL vigorously fought the removal order on the grounds that the daughter had been inappropriately removed from the home due to poverty-related conditions. As a result of the OCL’s advocacy, the court removed the removal order and ordered reunification services to help the mother and daughter stay together. 

 

Another example of the OCL providing a successful legal outcome was the case of Re JN. In this case, a mother involved in a high-conflict parenting dispute brought a motion to the court seeking full custody of her three teenage children. The OCL argued that full custody should not be granted to the mother, as it was not in the best interests of the children for them to be split up among different family members. The court agreed with the OCL, ruling that shared custody between both parents would be the best outcome for the children. 

 

These two cases demonstrate how effective the OCL can be in advocating for the rights and best interests of children. By ensuring that vulnerable children are protected from harm and that their voices are heard in legal proceedings, the OCL is making a positive difference in the lives of many children throughout Ontario.