Office of the Children’s Lawyer (OCL) in Ontario – A Comprehensive Guide

The Office of the Children’s Lawyer (OCL) is a specialized Ontario government office that represents the interests of children under 18 in certain family law legal cases. In family law matters like custody and access disputes, the OCL ensures that children’s voices and needs are heard by the court. This publicly funded office is part of Ontario’s Ministry of the Attorney General and can provide a child with a lawyer, a clinician (typically a social worker) who prepares a report, or both to assist in the case. The OCL’s involvement often carries significant weight in court proceedings, helping judges make more informed decisions in the best interests of the child, although the OCL does not decide the case – the judge does.

In my practice, I most often see OCL involvement become pivotal in high-conflict parenting disputes where the child’s voice needs a neutral channel.

How the OCL Gets Involved in a Family Law Case

Unlike other services, you cannot directly hire or contact the OCL to join your case. The only way to involve the OCL is by judicial request – a judge must make an order asking the OCL to get involved. In practice, this means you (or your lawyer) must convince the judge that your case would benefit from the OCL’s assistance. Judges have discretion whether to request OCL involvement, and they do not take this step in every case, especially because the OCL’s services are a limited public resource. Why isn’t the OCL involved in every case? The OCL has finite resources and staff, so it cannot accept every referral. Judges are mindful of this and generally will only request OCL involvement when a case presents serious issues or complexities. The OCL must focus on cases where its involvement is most necessary. The OCL considers factors such as the presence of clinical issues, competing narratives, the extent and breadth of collateral evidence, safety concerns for the child and high conflict separations. A routine dispute is unlikely to get an OCL lawyer or report – there needs to be a clear reason why independent investigation or representation for the child is needed. An experienced family lawyer can help you frame the evidence and propose clear draft wording for an OCL request that is focused on the child’s best interests.

Key points about requesting OCL involvement:

• Judge’s Order Required: The OCL will only consider a case if a judge orders a request for its involvement. The judge can do this at a case or settlement conference, TBST (To be spoken to), or motion – with or without the agreement of the parents. If the judge decides independent information about the child is needed (for example, to learn the child’s wishes or to investigate each parent’s home situation), the judge may make an order for OCL involvement. This is the critical first step; without it, the OCL cannot step in.
• Not Automatic – OCL Decides: Even when a judge makes the referral, the OCL has the autonomy to accept or decline the case. The OCL is unique in that a court cannot compel it to take a case. The OCL will review the circumstances of your case after the referral and then decide whether to get involved. This screening is OCL’s way to triage cases so that their limited staff focus on children who most need their services.
• Intake Forms: Once a judge orders OCL involvement, both parents (or parties) will be asked to complete OCL intake forms promptly (usually within 14 days). These forms provide background information to the OCL about the family, the issues, and the child. Filling them out completely and on time is important – failure or refusal to submit the forms can result in the OCL declining the case. Legal advice in completing your intake form is advisable. We can help you complete OCL intake materials in a way that is accurate, child-focused, and consistent with your court record.
• OCL’s Decision: The OCL gives priority to cases where the child is experiencing significant difficulties due to the conflict in the family. After reviewing the intake information, the OCL will inform the court and the parties in writing whether your case is accepted or declined, and if accepted, what type of service will be provided. If your case is declined, that ends the OCL’s involvement and the matter proceeds without their input, leaving you to rely on other evidence or assessments.

OCL as a Limited Resource (Why Some Requests Are Declined)

The OCL does not accept every case referred to it. In fact, due to budgetary and staffing constraints, the OCL declines a significant portion of cases even after a judge’s request. Government funding for the OCL only stretches so far, and they must reserve their involvement for cases where it will make a substantial difference. This means many families who ask for OCL help might not receive it, especially if there are other alternatives.

Here are some common reasons the OCL might decline to accept a case (even if a judge has made the referral):

Alternative Solutions Available: If the issues can be addressed by other means, the OCL may step back. For example, if the family plans to hire a private assessor or enter mediation, the OCL expects those avenues to be tried first.

Case Not Child-Focused: The OCL typically gets involved to voice the child’s perspective or best interests. If the parenting dispute is minor, the OCL would be less inclined to get involved.

Jurisdiction Issues: The OCL generally only handles cases involving children living in Ontario. If your child is not residing in Ontario, or the parents and child live far apart in different jurisdictions, the OCL is likely to decline because it cannot effectively intervene. Jurisdiction can complicate matters – an Ontario OCL can’t easily investigate a family situation if the child is outside the province.

Children’s Aid Society (CAS) Involvement: If a Children’s Aid Society is actively investigating or involved with the family, the OCL often will not accept the case (at least not for a custody/access dispute). This is because in child protection cases, there is a different protocol.

No Benefit to Child: Perhaps the most important factor – the OCL will ask: “Will our involvement actually help this child’s situation?” If the answer is no, they won’t take the case. For example, if the judge’s concerns can be resolved by other means, or the child’s situation wouldn’t improve with OCL intervention, the OCL may refuse. They focus on cases where an independent voice or investigation is truly necessary to clarify what’s best for the child.

One Parent Obstructing the Process: Both parties need to cooperate with the OCL process. If, for instance, one parent refuses to participate or share information, the OCL may decline. (Courts have reprimanded parents who try to “block” OCL involvement. It’s not uncommon that a parent refuses to complete the intake form leading the OCL to decline the case. This often allows the judge to draw a negative inference against the parent who declined to complete and submit their intake form.)

Keep in mind that once declined, the OCL will not reconsider unless circumstances change. If your case is turned down, you might have to proceed with a private assessment or simply without that additional evidence. Unfortunately, many parents cannot afford the several-thousand-dollar cost of a private custody assessment. The OCL is so valued – it provides free professional services in cases that qualify, ensuring low-income families can still have an expert voice for the child in court. But the downside of high demand is that the OCL must restrict its intake.

When Will a Judge Request OCL Involvement? (Factors That Make a Case Suitable)

From the judge’s perspective, asking the OCL to step in is a significant step that usually indicates the case has some complexities or risks affecting the child’s well-being.

Here are factors that tend to prompt judges to seek OCL involvement in a family case:

High Conflict or Allegations of Abuse: Cases marked by intense parental conflict, domestic violence, or abuse concerns are prime candidates. When parents cannot communicate without acrimony or there are allegations of family violence or child abuse or neglect, a judge may call in the OCL to ensure the child’s interests don’t get lost in the battle. The OCL can provide an objective assessment in situations where each parent paints an opposite picture of the other (e.g. mutual accusations of bad parenting or abuse). Child protection flags ( if CAS is not formally involved yet) will strongly support getting the OCL. Judges know that cases with domestic violence, safety concerns, or relentless high-conflict litigation likely need independent insight.

Conflicting Narratives & Lack of Clear Evidence: If the court is faced with widely conflicting stories from the parents and little objective evidence about the child’s actual situation, OCL involvement can be invaluable. For example, one parent might claim the other has mental health issues or a poor home environment, but there’s insufficient proof. In such situations – “he said/she said” scenarios – a judge may seek an OCL investigation to dig deeper. The OCL clinician can interview the parents, the child, and third parties (teachers, doctors, etc.) to get to the truth of the child’s experiences. Judges often request an OCL report when they feel they are lacking in evidence.  In short, if a judge doesn’t feel they have a reliable picture of what’s going on in the child’s life, they may turn to the OCL to investigate and report back.

Mental Health or Special Needs of the Child/Parents: Cases involving complicated mental health issues – whether it’s a parent’s mental illness or the child’s special needs – often warrant expert evaluation. Judges recognize they may need a clinician’s expertise to understand how a parent’s mental health challenges impact their parenting, or to assess a child’s special medical, developmental, or psychological needs in the context of the custody arrangement. The OCL has clinicians experienced in these areas and can connect with doctors, therapists, or schools to gauge what arrangement is truly best for a child with unique needs. For instance, if a child has significant medical conditions or disabilities, the OCL clinician can focus on whether each parent is equipped to handle those needs. Similarly, if one parent has a history of mental illness or substance abuse, an OCL assessment can evaluate any risks to the child. Judges may request the OCL in such scenarios to get professional recommendations on managing these complexities. The OCL is also considered valuable if there is a need to collect collateral evidence from multiple sources such as medical records from multiple sources.

Inability to Afford a Private Assessment: If a case clearly needs a custody/access assessment or voice-of-the-child input, but the parents cannot afford to hire a private assessor, a judge is more likely to turn to the OCL. Private custody assessments under Section 30 of the Children’s Law Reform Act can be expensive and take time, so for many families the government-funded OCL service is the only viable option. Judges are aware of the access-to-justice aspect – they won’t deny a family the benefit of an assessment simply due to lack of funds. Thus, a parent of modest means has a stronger argument for OCL involvement. However, you must still show that the assessment is necessary; lack of funds alone doesn’t guarantee OCL, but it’s a compelling factor when combined with other concerns.

Complex Family Background or Multiple Issues: The more complicated the case, the more likely OCL involvement becomes. If your case isn’t just a straightforward disagreement about schedule, but involves multiple layers of issues – for example: past criminal charges, one parent’s mental health diagnosis, allegations of parental alienation, and perhaps the child has behavioral issues – a judge may feel the need for an independent comprehensive assessment. The OCL can take the time to gather information from various sources (police reports, medical records, school reports, etc.) and provide a holistic picture. Essentially, if a case has “a lot going on” and the court would benefit from a deep dive by a social worker or child lawyer, that leans toward involving the OCL.

Overall, judges request the OCL when they believe it will significantly help in determining the child’s best interests. The OCL’s involvement must add value – either by uncovering the child’s own views or by providing professional recommendations on the family dynamics. If you think your case has some of these factors, you can raise them to persuade the judge that an OCL referral is warranted.

What Services Does the OCL Provide? (Lawyer vs. Clinician Roles)

When the OCL does accept a case, it can assist the court in different ways, depending on what is most appropriate for the situation. The OCL offers several types of services in family law disputes, notably: legal representation for the child, Section 112 reports (children’s lawyer reports), and Voice of the Child reports. The OCL’s internal team includes both lawyers and social workers (clinicians), and the office will decide which professional (or both) to assign to your case based on the needs of the case.

Legal Representation (Child’s Counsel): In some cases, the OCL will appoint a lawyer to represent the child in the proceedings. This is more common for older children or in situations where the child has strong wishes they want presented. The OCL lawyer’s job is to act as the child’s voice in court – they will meet with the child, understand their views and preferences, and then advocate those views before the judge. Importantly, the OCL lawyer does not literally decide the case or force an outcome; they simply ensure the child’s perspective is considered along with all the other evidence. In Ontario, an OCL lawyer generally takes instructions from the child if the child is capable of directing counsel, but also has discretion to advocate for the child’s best interests if, say, a very young child’s wishes might put them in harm. As the lawyer is not permitted to be a witness, the lawyer’s role would be supplemented with a clinician who can act as a witness at trial.

Section 112 Clinical Investigation and Report: Under Section 112 of the Courts of Justice Act, a judge can order the OCL to conduct an investigation into the needs of the child and the parenting arrangements, and report back with recommendations. If the OCL accepts such a referral, a clinician (usually a social worker) is assigned to the case as an investigator. This OCL clinician will perform a comprehensive assessment, which may be equivalent to what people call a “custody and access assessment.” The clinician interviews each parent (often multiple times), meets the child (alone and sometimes observing the child with each parent), and speaks with other important figures in the child’s life (extended family, teachers, doctors, therapists – anyone who can shed light on the child’s needs and each parent’s caregiving). They also review documents and records (school reports, medical records, police reports if any). This process can take a few months and is very thorough. At the end, the clinician writes a Section 112 Report (also called a Children’s Lawyer Report). This report will detail the investigation findings – e.g. what the clinician observed, what information was gathered – and provide recommendations for custody, access (parenting time), decision-making, and any other needs of the child. The recommendations are essentially the clinician’s expert opinion on what arrangement would be in the child’s best interests. While not binding, courts give these reports considerable weight. The report is disclosed to the parties (often through a meeting where the clinician explains their recommendations), and then filed with the court as evidence. If a parent disagrees with factual aspects, there is an opportunity to submit a formal dispute or even cross-examine the clinician at trial. Overall, this is the OCL’s most in-depth service, analogous to getting a free expert custody evaluation.

Voice of the Child (VOC) Report: In some cases – particularly when the child’s views are the primary missing piece of evidence – the court might request a Voice of the Child Report from the OCL. This is a more focused report that summarizes the child’s own wishes and feelings about specific issues (for example, “Which parent do you want to live with? How do you feel about the current schedule?”). An OCL clinician (or sometimes a lawyer) will interview the child (usually a couple of meetings) to elicit the child’s views in a neutral, supportive way. The report then reflects what the child has expressed, typically without making recommendations or evaluating the parents – it’s more of a straightforward relay of the child’s voice. VOC reports are generally quicker to produce (often within 30 days of the order) and are suitable for children who are mature enough (usually age 8 and up – but it depends on the child and on the case) to articulate their thoughts. Judges use these reports to understand the child’s preferences on particular questions (school choice, living arrangements, etc.), which is a factor in the best interests analysis. If deeper investigation is not needed and only the child’s voice is missing, a VOC report may be ordered. The OCL or a private clinician can prepare these, but through OCL it is free.

Lawyer & Clinician Team (Dual Appointment): Sometimes the OCL will assign both a lawyer and a clinician to a case. This often happens in complex cases or those involving older children. In a dual appointment, the OCL lawyer represents the child’s views in court, while the OCL clinician conducts a more limited investigation or assists the lawyer by providing clinical expertise. The lawyer is not permitted to be a witness at trial and will rely on the clinician. If a full Section 112 report is ordered, usually just the clinician is appointed (not a lawyer). But in some circumstances, a judge might order legal representation and a report. Or the OCL might decide on its own that both roles are needed – for instance, a teenager might have a lawyer, while a clinician might be brought in to do a brief assessment or even a Focused Investigation on a specific issue (courts can request a “focused report” zeroing in on a particular problem, rather than a full-blown assessment). In a dual arrangement, the clinician typically does not file a full report (to avoid duplication), but they might provide an affidavit or notes to inform the case. The collaboration of lawyer and social worker can be very effective: the lawyer gives the child a voice in the courtroom, and the clinician ferrets out facts and dynamics behind the scenes.

Free Service: One crucial point – all OCL services are provided at no cost to the parties. The government covers the OCL’s work, so whether it’s a lawyer for your child or a multi-month social work investigation, you do not pay. This is a major benefit for families who qualify, as private assessments or hiring a child’s lawyer privately could be prohibitively expensive. The trade-off is that you don’t get to choose who your OCL lawyer or assessor will be (the OCL assigns from its roster of professionals), and you have to wait on their timelines.

What to Expect if the OCL Is Involved

If your case is one of those accepted by the OCL, here is a general outline of what happens next:

Notification of Acceptance: You and the other parent will receive a letter from the OCL confirming that they are accepting the case, and specifying what service they will provide – e.g. a lawyer for the child, a clinician (social worker) for a report, or both. The letter may give the name and contact information of the assigned OCL lawyer or clinician.

Meetings and Interviews: The OCL professional(s) will then reach out to schedule meetings. If it’s a lawyer, the lawyer will likely want to meet with the child privately (depending on the child’s age, possibly multiple times) and may also speak with each parent to get background. If it’s a clinician, prepare for a thorough process: the clinician will typically interview each parent at length (often in person or via video), meet with the child (both at a neutral setting and possibly at each parent’s home to observe the child’s environment), and obtain consent to talk to third parties. You will likely be asked to sign consent forms allowing the clinician to contact people like your child’s teacher, doctor, or counselor, and to access records (e.g. school or medical records). The clinician might conduct home visits to see where and how the child lives with each parent. Everything you say to the OCL assessor is potentially going into the report, so it’s a bit like an interview with an expert – be honest, focus on the child, and understand they are not on either parent’s “side.”

Timeline: OCL involvement can require patience. These are not overnight processes. The OCL moves slowly, far slower than privately paid assessors in general. There may also be some lead time before the OCL assigns someone, especially if they are backlogged. In fact, it’s not unusual for many months to pass from the time the judge makes the OCL request to the time the report is finished. During this period, your court case might be adjourned or on hold, since the judge is waiting for the OCL’s input before making any final decisions. Be prepared for delays – the free service, while valuable, often comes slower than a private assessment would. Many families feel it’s worth the wait to get a quality report without the cost – however, many do not and some experience buyer’s remorse.

Disclosure Meeting/Report Delivery: In cases where a clinician does an investigation, the OCL often holds a disclosure meeting before the report is officially filed in court. At this meeting (typically attended by the parents, their lawyers, and the clinician), the clinician will summarize their findings and recommendations. This can be an emotional meeting – hearing an outsider’s recommendations about your children can be tough – but it can also spur settlement discussions. Often, once parents hear what the OCL recommends, they may be more inclined to negotiate an agreement consistent with those recommendations rather than continue fighting in court. After (or in lieu of) the meeting, the written report is provided to the parties and filed with the court. If an OCL lawyer was appointed instead of a report, then there may not be a formal written report to disclose – the child’s lawyer will simply advocate at court hearings on behalf of the child (and may participate in negotiations or settlement meetings similarly to how any lawyer would, but with the child as their client).

Post-Report Process: If the case proceeds to trial, you can cross-examine the OCL clinician to challenge the evidence. Remember that while judges take OCL input very seriously, they are not bound by it. You or your lawyer can argue why a different outcome is in the child’s best interests. That said, expect the OCL’s opinion to carry weight – any judge who deviates sharply from an unchallenged OCL recommendation will usually explain their reasons in detail.  If a report is delivered, legal counsel can help you prepare for the disclosure meeting and, where appropriate, respond to or challenge the evidence effectively.

Outcome: Ultimately, the case will either settle or be decided by the judge. If the OCL was involved, by the end of the case the judge will have a much richer picture of the child’s needs and perhaps knowledge of the child’s own wishes. Many cases resolve after OCL involvement, because the parents finally have an objective view or the child’s voice spurs a compromise. If not, at trial the OCL lawyer’s submissions or clinician’s report becomes part of the evidence the judge considers in reaching a verdict.

The OCL’s Value in Family Justice

The Office of the Children’s Lawyer (OCL) can be one of the most influential tools available in Ontario parenting litigation because it brings an independent child-focused voice into the case. When the OCL accepts a referral, its lawyer and/or clinician can help the court understand a child’s needs, the child’s wishes (where appropriate), and the family dynamics that matter to a best-interests decision.

At the same time, the OCL is a limited public resource and it is not automatic: the judge must request it, and the OCL can still decline. The strongest requests are strategic and specific – they explain why ordinary evidence will not be enough, identify concrete child-focused concerns (for example, safety, high conflict, competing narratives, or the need for collateral evidence), and show that both parents will cooperate promptly with intake and interviews.

If the OCL is not available, the goal is the same: put reliable child-centered evidence before the court. Depending on your circumstances, that may include a privately retained Section 30 assessment, a private Voice of the Child report, targeted third-party records, or other professionally supported options.

If you are considering an OCL request – or need a plan if the OCL declines – our family law team can help you choose the most cost-effective path and put forward a clear, child-focused strategy.