What does the Office of the Children's Lawyer do in Ontario parenting cases?
The Office of the Children's Lawyer (OCL) is an Ontario government office that provides legal services to children in certain family law proceedings. In parenting cases, the OCL can be involved in two main ways: it can appoint a lawyer to represent the child's legal interests in court, or it can assign a clinical investigator to conduct an assessment and report to the court on the child's views and circumstances.
The OCL does not get involved automatically. A judge must order OCL involvement, typically when the parenting dispute is high-conflict, when the child's wishes are particularly important to the outcome, when there are allegations of abuse or neglect, or when the court needs an independent assessment of the child's situation.
When the OCL appoints a lawyer for the child, that lawyer's job is to represent the child's legal interests — which may or may not align perfectly with what the child says they want, especially for younger children. The OCL lawyer can appear in court, review evidence, and make submissions.
OCL involvement can be valuable but is not guaranteed and not available in every case. Courts exercise discretion in referring matters to the OCL based on the needs of the case.
Key takeaways
- The OCL provides legal representation or clinical assessments for children in parenting disputes.
- A court order is required for OCL involvement — it does not happen automatically.
- OCL lawyers represent the child's legal interests, not necessarily their stated preferences.
- Judges refer cases to the OCL in high-conflict or complex situations.