COURT FILE NO.: [not assigned] DATE: 20200417 ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN: NHAN THIEN LAM, THI MINH THE LE and NGOC DUNG HUYNH Applicants – and – KUO-CHIEN CHUANG Respondent
Counsel: Farzana Jiwani, for the Applicant No one appearing for the Respondent
HEARD: April 17, 2020
ENDORSEMENT
1In finding that this motion brought by the Applicant should be heard on an urgent basis, Justice Shore’s Endorsement dated April 14, 2020 summarizes the substance of this motion:
This case involves a ten-year old child who tragically lost her mother to cancer in March 2020. Her mother had sole custody of her pursuant to an uncontested trial. Her biological father has allegedly not had any contact with the child since 2015. The child is currently in the care of a family friend (N. Lam) until travel restrictions due to COVID-19 have been lifted and her maternal grandparents can travel from Vietnam to care for her. This motion is brought by the maternal grandparents and Ms. Lam.
I find this matter to be urgent as someone needs to have authority to make decisions for the child on a temporary basis. Some consideration will need to be given as to whether the Office of the Children’s Lawyer should be notified.
As a delegate of the RSJ, I have designated Justice Faieta to hear this matter.
The parties shall participate in a hearing by telephone with the designated judge on Tuesday, April 21, 2020 at 10:00 am.
2I note that the Applicants seek an Order that provides N. Lam with temporary custody of the child and the child’s grandparents with joint temporary and final custody of the child once the COVID-19 travel restrictions are lifted with the intention that the child would be taken to Vietnam to live with her grandparents.
3A copy of the Justice Shore’s Endorsement was delivered to the Office of the Children’s Lawyer (“OCL”) by counsel for the Applicants on April 15, 2020. On April 16, 2020, the OCL advised that counsel for the Applicants advised that an Intake Form would be completed and delivered to the OCL.
4Having reviewed the Notice of Motion and unsworn Affidavit of Thi Minh The Le dated April 12, 2020, I find that it is appropriate to request the OCL to provide such services as it deems appropriate. I am grateful that the OCL has, in advance of this Order, indicated its willingness to accept this file and ask that the OCL participate on the conference call scheduled for April 21, 2020.
5Further, I direct that the Applicants: (1) provide this court with affidavit evidence outlining what steps it has taken to serve its motion materials on the Respondent father; (2) commence an Application in respect of the relief sought on this motion. Such Application may be delivered and issued electronically by contacting Toronto.SCJ.Familyintake@ontario.ca. Such steps shall be completed prior to the teleconference on April 21, 2020.
RELEASED: April 17, 2020
Faieta J.