Understanding the Role of the Office of the Children’s Lawyer in Ontario Family Law
In Ontario family law cases, the voices and best interests of children are critically important. Children may refuse parenting time with one of the parents making the lives of the separating parents even more difficult - particularly where there is a court order for parenting time. It’s not always easy for a court to understand what a child or children needs or wants. That’s where the Office of the Children’s Lawyer (OCL) comes in.
The OCL works with a team of lawyers and mental health professionals (like social workers and psychologists) who can help represent children in family court. But this only happens in specific situations.
When and How the OCL Gets Involved
Involving the OCL requires an order by a judge, either because one parent asks for it, both parents agree to it, or the court believes it is necessary. Even after a judge orders the involvement of the OCL, the OCL must still decide whether to accept the case. The OCL may say no—for example, if the child lives outside Ontario, another parenting assessment was already done, or the case involves serious mental health issues without any assessments yet.
What the OCL Can Do
If the OCL takes the case, they may assign a lawyer for the child, a clinician (like a social worker) to prepare a report, or both.
A lawyer would represent the child in court. They meet with the child and parents, listen to the child’s views, and take a legal position that reflects what the child wants—if the child is old enough to have an opinion.
A clinician on the other hand would prepare one of two reports:
- Children’s Lawyer Report – A detailed investigation that involves interviews with the family and others involved in the child’s life. This takes about 3-4 months.
- Voice of the Child Report – A shorter summary of the child’s opinions, prepared after two interviews. This usually takes about 30 days.
The court will give serious weight to an assessment made by the OCL, although the courts are not required to follow the recommendations made by the OCL.
What if the OCL Says No?
If the OCL decides not to help, there’s no formal appeal. However, a party can write a letter asking them to reconsider. Another option is for both parents to hire a private clinician to prepare a report at their own cost.
How Home Counsel Legal Services can help you
At Home Counsel Legal Services (HCLS), we understand how emotionally complex and legally challenging it can be when a child refuses to see the other parent. Whether you’re worried about your child’s emotional well-being, need help requesting an assessment through the Office of the Children’s Lawyer, or want to ensure the court hears your child’s voice appropriately, HCLS is here to guide you every step of the way. Our team offers compassionate, practical advice tailored to your family’s unique situation. We’ll help you prepare the necessary court materials, communicate with the OCL effectively, and advocate for a parenting plan that puts your child’s best interests first. Let us help you make informed decisions with confidence.
This blog post was authored by Matthew Patten, Student-at-law with HCLS.
