When will the court grant access to the child without waiting for the outcome of an OCL clinical assessment?

Ontario, Canada


The following excerpt is from J.D. v. N.D., 2020 ONSC 4637 (CanLII):

One anticipates that the assessment will provide important information to the parents and to the court. The father submits that nonetheless the court should allow his motion without waiting for the report. He relies on two cases in this regard. In both the motion judge increased access and awarded overnight access without waiting for OCL clinical investigations to be completed. In both cases the fathers had been having quite limited access. One father had supervised access only. In one case, Torok v. Ball, 2017 ONSC 922, the OCL clinical investigation had been accepted but not yet started. The motion judge found that the reasons why supervision had been required were no longer present and that the mother was no longer breastfeeding the child. In Taylor v. Baker, 2016 ONSC 1259 the motion judge found that overnight access was long overdue and should commence without further delay waiting for the OCL investigation to be completed.

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