- The OCL is part of Ontario's justice system, staffed by lawyers and clinical investigators (often social workers) whose job is to bring an independent, child-focused perspective into…
- The OCL doesn't automatically join every contested parenting case — it has discretion to accept or decline a request, and it generally prioritizes cases where independent input is most…
- Once a case is accepted, the OCL generally becomes involved in one of two ways, depending on the child's age, the issues in dispute, and its own assessment of what's needed.
If your parenting dispute is heading to court, you may hear a lawyer or a judge mention the Office of the Children's Lawyer — usually shortened to the OCL. For many parents, this is the first time anyone outside the family has been asked to weigh in on what a child needs, and it can feel unsettling not to know what that means.
The OCL is a government office that represents the interests of children in certain Ontario family law and child protection cases. It doesn't work for either parent, and it doesn't take sides in the adult conflict. Understanding when it gets involved, and what it actually does, can make the process far less intimidating.
What the Office of the Children's Lawyer Is
The OCL is part of Ontario's justice system, staffed by lawyers and clinical investigators (often social workers) whose job is to bring an independent, child-focused perspective into cases where parents — or a parent and a children's aid society — disagree about a child's care. It isn't affiliated with either parent's lawyer, and it doesn't represent the family as a whole. Its client, in effect, is the child.
Because it's a public office, its involvement doesn't come with a bill to the family the way retaining a private expert would. That said, your own lawyer's time spent responding to an OCL report, or attending a meeting the OCL arranges, is a separate cost worth asking your lawyer about upfront.
When a Court Might Ask the OCL to Get Involved
The OCL doesn't automatically join every contested parenting case — it has discretion to accept or decline a request, and it generally prioritizes cases where independent input is most needed. Courts commonly request OCL involvement where:
- Parents are in high conflict over decision-making responsibility, parenting time, or where a child should live
- There are allegations of family violence, abuse, or serious parental alienation
- A child is old enough to have views the court should hear, but those views are contested or unclear
- A child protection case involves a children's aid society, and the child's own interests may diverge from what either the society or a parent is proposing
- Earlier professional reports or assessments have conflicted with each other
A parent can ask a judge to request OCL involvement, but the decision belongs to the court, and then to the OCL itself — not to either parent unilaterally.
The Two Ways the OCL Can Get Involved
Once a case is accepted, the OCL generally becomes involved in one of two ways, depending on the child's age, the issues in dispute, and its own assessment of what's needed.
| Role | What it looks like |
|---|---|
| Legal representation | An OCL lawyer is appointed as the child's own counsel, meets with the child, and advocates for the child's wishes and interests in court — similar to how your own lawyer advocates for you |
| Clinical investigation | A clinical investigator meets with the child, both parents, and sometimes other people in the child's life, then prepares a written report for the court on the child's needs and circumstances |
Some cases involve only one of these roles; others involve both, working together. Which approach applies is decided by the OCL, not by either parent's preference.
What Happens Once the OCL Is Involved
- Intake and assessment. The OCL reviews the referral and decides whether, and how, to become involved.
- Meetings. The assigned lawyer or clinical investigator meets with the child, generally without a parent present, and often meets separately with each parent.
- Information gathering. For a clinical investigation, this can include speaking with teachers, doctors, or other professionals involved with the child, with appropriate consents.
- A report or courtroom advocacy. A clinical investigator's findings go into a written report filed with the court; a lawyer for the child instead makes submissions and advocates directly at hearings.
- The judge decides. An OCL report or a child's lawyer's position is one important piece of evidence, but the judge still makes the final decision, weighing it alongside everything else in the case.
What This Means for Your Case
An OCL report can carry real weight because it comes from an independent professional rather than either parent. It's worth taking any request to meet with an OCL investigator seriously, being honest and cooperative, and resisting any temptation to coach a child on what to say — investigators are trained to notice this, and it can undermine your credibility rather than help your case.
If the OCL declines to become involved in your case, that isn't necessarily a comment on its merits — the office has limited capacity and prioritizes accordingly. Your lawyer can advise on other ways to bring a child's views or an independent assessment before the court.
Frequently asked questions
Can I request the Office of the Children's Lawyer myself?
You can ask the judge to request OCL involvement, but you can't refer your case to the OCL directly, and the OCL can decline even a judge's request. Your lawyer can advise on how strong a candidate your case is for OCL involvement.
Will my child have to testify in court if the OCL gets involved?
Generally, no. OCL involvement is usually meant to bring a child's views to the court without putting the child through direct testimony — through a lawyer's submissions or a written report instead.
Does the OCL only get involved in child protection cases?
No. It's also commonly involved in parenting disputes between separating or divorcing parents with no children's aid society involvement at all, particularly in high-conflict cases.
Can parents see the OCL's report?
Typically, yes — an OCL report filed with the court is usually shared with the parties and their lawyers, though there can be conditions on how it's used. Ask your lawyer about the specific rules that apply to your case.
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