Law360 Canada (September 15, 2025, 2:44 PM EDT) -- Let's talk about something that often comes up in family law disputes — can a child have their own lawyer?
It might sound unusual at first, but in Ontario, there is a dedicated office that steps in to make sure children's voices are heard: the Office of the Children's Lawyer (OCL).
What is the OCL and what does it do?
The OCL operates under Ontario's Ministry of the Attorney General, but it's professionally independent. That means while it's funded by the government, it makes its own decisions about how to represent children in family law cases. Its team includes lawyers, social workers and clinicians— some in-house, others from a trusted panel of private professionals.
When can the OCL get involved?
The OCL doesn't jump into every case. Situations in which it might get involved in family law disputes include:
- The child is under 18.
- A judge makes an order requesting its involvement.
- The case involves serious issues like parenting time, contact and decision-making responsibility for children, and the child's best interests are at stake.
The above is strictly for family law-related disputes. While the OCL also assists in matters relating to child protection, civil cases involving personal injury, motor vehicle accidents, and medical malpractices, estates and trusts, and requests for minors' funds, this article is primarily focused on family law-related matters.
Which laws give the OCL its power?
Several key laws guide the OCL's work:
- Courts of Justice Act (CJA) – Section 112 allows the court to request an investigation and report from the OCL.
- Children's Law Reform Act (CLRA) – Sections 30 and 64 allow the OCL to assess parenting capacity and represent the child's views.
- Child, Youth and Family Services Act (CYFSA) – Sections 78 and 211 apply in child protection and adoption cases.
Section 30 CLRA vs. section 112 CJA: What's the difference?
If you are dealing with a high-conflict parenting dispute, you might hear about s. 30 assessments ands. 112 investigations. Here's a quick breakdown:
Section 30 relates to private assessments (paid for by the parties) where a professional such as a psychologist digs deeply into the family dynamics to explore complex psychological issues.
Section 112 relates to publicly funded assessments performed by the OCL, which are more accessible and offer a focused look at what's going on, often through the eyes of a social worker or clinician.
What services does the OCL offer?
Depending on the case, the OCL might provide:
- Children's Lawyer Reports
- Voice of the Child (VOC) Reports
- Legal representation
- Legal representation with clinical assistance
Who are the lawyers and clinicians working with the OCL?
The OCL assigns lawyers from either its in-house team or from a panel of experienced private lawyers. These professionals know how to work with children and have a deep understanding of family law. Clinicians assigned by the OCL to handle reports or assessments are usually social workers with master's degrees or psychologists who are trained to understand child development and family dynamics.
How do families receive OCL reports?
Once a report is ready, it is filed with the court and shared with the parties and their lawyers. For most reports, the OCL also hosts a disclosure meeting to go over the findings and encourage resolution. VOC reports are a bit different as they simply summarize the child's views without providing recommendations or scheduling meetings.
What happens at a disclosure meeting?
These meetings include the clinician, the parents (or parties) and their lawyers. The goals are:
- Present the findings.
- Clarify any details.
- Encourage settlement, if possible.
Tips for working with the OCL
If you are a lawyer or a party in a case, here are some best practices:
- Get judicial endorsement: When seeking a court order (even on consent), request a judicial endorsement explaining why OCL involvement is necessary. This helps the OCL assess the case's suitability.
- Match the service: Understand the range of services the OCL offers and encourage the court to request the most appropriate one, whether a s. 112 investigation, VOC report or legal representation.
- Submit intake forms promptly: Do not delay, especially if one party is uncooperative.
- Plan realistically: Give the OCL four to six weeks to get started. Scheduling court dates too soon may lead to unnecessary adjournments.
- Do not coach the child: Let them speak freely. The OCL can spot undue influence.
Final thoughts
The OCL is a vital part of Ontario's family law court system. It makes sure children's voices are heard and their interests are protected without any cost to the families involved. Whether through legal representation or clinical reports, their work helps courts make informed decisions that reflect what's best for the child.
Originally published by Law360 Canada.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
