What the OCL Generally Is
The Office of the Children's Lawyer (OCL) is an office within Ontario's Ministry of the Attorney General that can become involved in family court cases where a child's interests may need independent representation or investigation, separate from either parent's position. It's one of the mechanisms referenced in our broader guide to the voice of the child.
How It Can Generally Become Involved
The OCL generally doesn't automatically get involved in every family court case touching on children — involvement generally needs to be requested, often by a judge directing that a request be made, in cases where independent input on a child's situation would genuinely help resolve a disputed issue, such as parenting arrangements.
What It Can Generally Do
Depending on the case, the OCL's involvement can generally take different forms — sometimes a lawyer from the OCL represents the child's interests directly in the proceeding, and sometimes a clinical investigator prepares a report for the court based on meetings with the child, parents, and sometimes others, reflecting an assessment of the child's circumstances and views, without the child testifying directly.
Not Automatically Involved in Every Case
Because OCL resources are generally limited and the office generally prioritizes cases where its involvement is likely to be genuinely useful, not every family court case touching on children will have OCL involvement, even where a parent requests it. Where the OCL isn't able to become involved, other options discussed in our voice of the child guide may still be available.
Frequently Asked Questions
Does the Office of the Children's Lawyer automatically get involved in custody disputes?
No, generally not automatically — involvement generally needs to be requested, often through a judge's direction, and is generally reserved for cases where independent input would genuinely help.
Does the OCL represent the parents or the child?
Generally, the child's interests specifically, independent of either parent's position, which is the office's core general purpose.
What's the difference between an OCL lawyer and an OCL clinical investigator?
An OCL lawyer generally represents the child's interests directly in the proceeding; a clinical investigator generally prepares a report for the court based on an assessment of the child's circumstances, without directly representing the child as a lawyer would.
Will my child have to testify if the OCL is involved?
Generally, no — the OCL's involvement is generally designed to convey a child's interests or views without requiring the child to testify directly in court.
Can I request OCL involvement in my case?
You can generally ask the court to direct that a request be made, though the OCL generally has discretion over which cases it takes on, given limited resources.