DATE: 20041126

DOCKET: M31592 (C42594)

COURT OF APPEAL FOR ONTARIO

RE:

RAINA BHANDARI (Appellant) v. VINEET KUMAR BHANDARI (Respondent)

BEFORE:

McMURTRY C.J.O. (IN CHAMBERS)

COUNSEL:

Jeffrey Wilson

for the appellant

Harold Niman

for the respondent

Clare Burns and Linda Omazic

for the Children’s Lawyer

HEARD:

November 26, 2004

On appeal from the order of Justice Langdon dated October 21, 2004.

E N D O R S E M E N T

[1] This dispute is clearly a very emotional and complex matter. I am of the tentative view that the applicant mother is determined to undermine the relationship of the children with their father and has to some extent been successful in that regard.

[2] In my view, this is an appropriate case for The Children’s Lawyer to be involved and I am therefore ordering that the Children’s Lawyer represent the two children. This will be a separate order under Section 89(3.1) of the Courts of Justice Act.

[3] The order from which this stay application is brought is an order of Langdon J. dated October 26, 2004. The delay in bringing the application for stay has not been properly explained but I am of the view that at least a temporary stay is warranted until this matter is again before me on December 6, 2004 at 9:30 a.m. In the interim, I expect that the applicant mother and children will comply with the orders of Langdon J. and consent judgment of Seppi J. dated June 6, 2003. However, paragraphs 2, 4, 5 of the order of Langdon J. will be stayed at least until December 6, 2004.

[4] The Children’s Lawyer shall make inquiry and determine as much as possible by December 6, 2004, the views and preferences of the children. The Children’s Lawyer shall have access to those parts of the record filed with the Superior Court of Justice in Milton that are necessary to fulfill its duties pursuant to this order.

[5] Having temporarily stayed that part of Justice Langdon’s order that permits police intervention, it does not alter the substance of the order requiring Raina Bhandari to comply with the consent judgment custody provisions.

[6] The matter shall be adjourned until December 6, 2004 at 9:30 a.m.