Morning, Do you even know if the court system is back in seeing people or still doing virtual hearings? Also I bet they

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I am sorry to hear of this difficult situation.

Can you please remind me of your city?

Of course I remember you but I don't remember your city. I help about a  hundred customers a day and I can't remember everyone's  city.

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

There is no way to know now if your hearing will be remote or in person. The policy is that some are  remote, some are in person and some are handled with a combination of remote and in person.

So you can call the courthouse to find out how it will be determined whether you would be remote or in person and whether you can make a request to have in person if you prefer. I'm sure you can make a request to have it remote but I'm not positive about in person.

Does that help?

There is a terrible backlog but he will likely try to convince the court that this is an urgent matter. They will hear urgent matters in two weeks.

I know but if you are with holding the child when he supposed to see her the court will say it's urgent most likely. I know you're not with holding the child but that's what he's going to tell the court.

Yes. Do you have a quite excellent evidence because you're telling the

the truth.

No you should not do and thing but see what he does.

I think that if he takes you to court you should retain a lawyer.

If you win in court he will have to pay a good part of your legal costs. I also think that if you got a lawyer he will see that you are going to fight him and win and he will stop.

I know. He will lose again.

If you settled the only way he would pay for your costs if he agreed but if you end up going to court and you win he will be ordered to pay a good part of your costs.

You can't just choose to use the OCL. The court has to order it and then the OCL has to agree to accept it. It's not that simple.

It is one of the orders you would ask the court to make.

When you are asking the court for orders such as to dismiss the father's application or for an order that the father only have access out in public for now etc. you would also ask the court to order the appointment of the OCL. So, for example, you could ask that the court order, on an interim basis that Makenna see her father at a park etc. pending the outcome of the OCL report and ask for the court to appoint the OCL.

Yes. You will absolutely do that!

Yes. It would be a whole court case. There will be a hearing. The court will hear what the father wants and what you want and will make a decision based on what it finds to be in the best interests of the child.

No you won't and I am quite confident that if the father has any ounce of intelligence in his head he will speak to a lawyer and the lawyer will tell him that it's going to be a losing battle and he needs to back off and work on making his relationship with his daughter stronger rather than trying to compel her to see him when she doesn't want to.

Well that's very sweet but I'm sure you know that I am in Toronto and I'm also retired.

I really do love the Peterborough area and I have spent summers there about a decade or two ago.

That's sweet!!!

You can try using key terms such as teen refusing visit, teen's wishes, etc

After you play around with it for a while you'll find that you'll be able to figure out the keywords on your own.

That's true.

I think she can say whatever she wants but I think you have to be careful so that the court or the OCL doesn't think that you're bringing her into the middle of this. The court will not tolerate that.

I do understand. So in my view you shouldn't let her know that the papers were served. It will be clear that you told her about that.

Well of course. And she will likely know as soon as they come but I'm telling you that she should not start mentioning it because the court is going to be angry at you and they will become biased against you. I've seen it over and over again.

OK

I mean she should not make it look like she's included in all of discussions you're having with people and that she should not be involved in the legal process. She's told you that she will not see him. It is fine for you to tell her that you will take care of her and you will fight for her but you don't have to tell her all the details and she certainly shouldn't reveal that you're doing that because the court will become biased against you unfairly.

You are very welcome.

I don't see what they would before they know the facts.

But Wednesday is only two days away. Why don't you start looking for a family lawyer tomorrow just in case you need one.

If you don't feel confident in your former lawyer then hire a new one.

I don't know who you should use either. I am sorry about that.

I have no doubt that you will!

Is there anything more I can help you with before I mark this question as complete?

You are very welcome.

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra