- The OCL doesn't do one single thing — it offers two different kinds of involvement, and a case might get either or both, depending on what the office decides is needed.
- It's just as useful to know the boundaries of the office's role: - It does not represent either parent, and it isn't a resource either parent can direct or instruct.
- Once a referral is accepted, the OCL's work typically becomes part of the evidentiary record.
In some parenting disputes, a name shows up in the court file that isn't a parent's lawyer, a judge, or a mediator: the Office of the Children's Lawyer. Parents are often told a case has been "referred to the OCL" with little explanation of what that office actually does once it steps in.
The OCL is part of Ontario's public justice system. Its job is to bring a child-focused perspective into cases where parents — or a parent and a children's aid society — can't agree on what's best for a child. It isn't retained by either side, doesn't bill the family the way a private expert would, and doesn't exist to help either parent's case. Understanding what it actually does removes a lot of the mystery.
Two Distinct Jobs, One Office
The OCL doesn't do one single thing — it offers two different kinds of involvement, and a case might get either or both, depending on what the office decides is needed.
Legal Representation for the Child
An OCL lawyer can be appointed to act as the child's own counsel. That lawyer meets with the child directly, forms an understanding of the child's wishes and circumstances, and then advocates for the child's interests in court — filing materials, making submissions, and appearing at hearings, much like each parent's own lawyer does for them.
Clinical Investigation
Alternatively, or in addition, a clinical investigator — often a social worker by background — meets with the child, both parents, and sometimes other people involved in the child's life. The investigator then prepares a written report for the court describing the child's needs, circumstances, and (where appropriate) views. Unlike a lawyer for the child, the investigator doesn't advocate a position in the courtroom — the report speaks for itself as evidence.
What the OCL Does Not Do
It's just as useful to know the boundaries of the office's role:
- It does not represent either parent, and it isn't a resource either parent can direct or instruct.
- It does not decide the outcome of a case — a judge does, weighing the OCL's report or submissions alongside everything else in the evidence.
- It does not get involved automatically. Involvement generally requires a court to request it, and the OCL itself has discretion to accept, decline, or scale back a referral.
- It is not a substitute for having your own family lawyer — the OCL's focus is the child, not either parent's legal position.
- Even where it makes a recommendation, that recommendation isn't binding on the court.
How OCL Involvement Actually Plays Out in a Case
Once a referral is accepted, the OCL's work typically becomes part of the evidentiary record. A clinical investigation report is filed with the court and is generally shared with both parents' lawyers, sometimes with conditions on how it can be used. A lawyer for the child instead makes live submissions at hearings rather than filing a standalone report. Either way, the OCL's input can carry real weight precisely because it comes from an independent professional rather than either side of the dispute — and it often helps move a case toward a negotiated resolution rather than a trial.
Getting the Most Out of OCL Involvement
- [ ] Be honest and consistent when you meet with the lawyer or investigator — inconsistencies are noticeable and can undercut your credibility more than the underlying facts would.
- [ ] Do not coach, pressure, or debrief your child about what to say. Investigators are trained to notice this, and it tends to backfire.
- [ ] Keep your own family lawyer in the loop about any OCL meetings or requests you receive.
- [ ] Ask your lawyer in advance how a report or the child's lawyer's position is likely to be used in your specific case.
- [ ] Don't treat OCL involvement as a shortcut to a favourable outcome — its role is to inform the court, not to advocate for either parent.
Frequently asked questions
Does the OCL work for me, my ex, or the child?
Only the child. Neither parent is the OCL's client, and it doesn't take instructions from either side — its focus, in both of its roles, is the child's interests and views.
What's the difference between a lawyer for the child and a Voice of the Child Report?
A lawyer for the child is an advocate who makes submissions in court; a Voice of the Child Report is generally a narrower, more specific tool focused on relaying what a child says in their own words, often without a recommended outcome attached. The OCL isn't always the source of a Voice of the Child Report — that can come from other qualified professionals too.
Can the OCL be involved at the same time as a privately retained assessor?
It's possible, though courts generally try to avoid duplicating professional involvement unless there's a clear reason for both. Your lawyer can advise on whether your case is one where multiple sources of input make sense.
Does OCL involvement end when the case settles?
Generally, yes — once parents resolve the dispute, whether through negotiation, mediation, or a court order, the OCL's role in that matter typically concludes, since its purpose is tied to helping the court and the parties reach a decision.
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