To continue the court material from the previous post, …
CONTINUE >>>> 4. Lubna Aldahleh _ Form 14A: Affidavit CROSS-Motion Of Removing OCL Dated: 01-June-2025
5. FACTUM for Motion of Removing OCL_APPLICANT MOTHER_ June 27, 2025
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CONTINUE >>>> 4. Lubna Aldahleh _ Form 14A: Affidavit CROSS-Motion Of Removing OCL Dated: 01-June-2025
36. I don’t think that the role of Ms. Heslop and Mrs. Sam in this matter to assessment the “her level of anxiety and lack of trust in the process, which again, may be based in her own lived experiences.”. It seems there are many attempts to silence the voices of Muslim mothers and their children. Additionally, my own lived experiences are nobody’s business—only true believers understand the strength of faith in difficult trials. My Lord, ALLAH Almighty, never mentions anxiety in the Qur’an; on the contrary, ALLAH commands us to be strong in faith and trust when facing oppression, as the stories in the Qur’an confirm. This is not about anxiety—it is about faith and trust in ALLAH in our hearts, and no one can steal that from us. It is not anyone’s role or concern to judge this. On respect to Canadian law and the orders I came with to Canada, the manipulation in this and other files clearly does not comply with Canadian rules. No one is above the law, and no believer gives up.
37. What is the related of Ms. Heslop’s statement about their manipulation and my faith and trust of ALLAH with my ability to be heard? All these hatred and unfairness led me to file many complaints to have my rights of being heard in the trial. Now the same arguments from the respondent, it seems the intention is still to impugn my mental capacity! If the beloved Prophet Muhammad -peace be upon him- was accused of that, we do not care whatever is said about us. ALLAH is with us and is sufficient for us. Does Amicus respect the religion as she wrote, or rather as the law mentions? Evidence will confirm that no one of them did that.
38. It is a fact that, before I switched to self-representation, all documents, materials, issues addressed at trial, and witnesses were prepared to present specific points to government authorities to show that both parents were unfit for custody—an effort driven by my ex-husband’s threats even before this case began. He had repeatedly kicked his children out of the home without mercy and forced us to leave Kuwait, and now he suddenly claims he will dispute custody in Canada to take the children from a “Veiled Muslim Mother,” exploiting hatred toward believers. If that were not true, they would not be focusing on it at all. ALLAH is the Best Defender.
· The Clear Quran series – Al-Furqaan Foundation- Surah 22- The Pilgrimage (Al Hajj- phrases 38: (Indeed, God defends those who believe. Surely God does not like whoever is deceitful, ungrateful).
39. My mental capacity and strong focus are very clear from my documents and from the judgment issued after a trial that lasted sixteen days, in which everyone who opposed us failed. The delay of this matter and the conspiracies has been unfolding are nothing but wisdom and good from ALLAH because I was not ready at that time for the next step; change is coming, by ALLAH’s permission. ALLAH is the Best Defender.
· The Clear Quran series – Al-Furqaan Foundation- Surah 60- The Test of Faith (Al Mumtahanah- phrases 8&9: (God does not forbid you from dealing kindly and fairly with those who have neither fought nor driven you out of your homes. Surely God loves those who are fair. (8) God only forbids you from befriending those who have fought you for “your faith” driven you out of your homes, or supported “others” in doing so. And whoever takes them as friends, then it is they who are the “true” wrongdoers.).
40. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 16, <https://canlii.ca/t/k3bl0#par16>, [16] The mother was knowledgeable about the details of the case and had a strong grasp of the documentary evidence.
41. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 17, <https://canlii.ca/t/k3bl0#par17>, [17] In her evidence, the mother was able to identify some positive aspects of the children’s relationship with the father. This is to be contrasted with the father’s evidence that she was not a good mother. He did not allow a positive view of the mother, even though he did not contest the Kuwaiti court order that originally granted her custody of the children.
42. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 18, <https://canlii.ca/t/k3bl0#par18>, [18] The mother’s evidence remained consistent throughout her testimony. Her narrative was coherent and was corroborated by the documentary record. She acknowledged the adverse findings that had been made against her in Kuwait and explained them.
43. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 19, <https://canlii.ca/t/k3bl0#par19>, [19] During Ms. Guslits’ searching and lengthy cross-examination of the mother, she was not meaningfully impeached. [21] Counsel for the Children’s Lawyer characterized the mother as “honest to a fault”.
44. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 31, <https://canlii.ca/t/k3bl0#par31>, [31] The father struggled in his answers in response to evidence of his inappropriate discipline of the children. In this regard, his evidence was not consistent with the documentary evidence in many respects.
45. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 35, <https://canlii.ca/t/k3bl0#par35>, [35] The father appears to have misled the Kuwaiti authorities when he unilaterally renewed the mother’s Kuwaiti residency status. Her status in Kuwait and right to remain in that country depended on her being his spouse. The father renewed the mother’s residency status the day before the divorce sought was granted. He renewed the mother’s residency status as his spouse again after they were divorced and the mother had already left Kuwait.
46. Please review the issues of credibility of the respondent father at Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), <https://canlii.ca/t/k3bl0>, from paragraph [28] to [42]. “[42] For these reasons, where the evidence of the parties differ relating to the issues, I prefer the evidence of the mother unless otherwise stated.”.
47. Please review “some” the views of the children and the violence from the father in Kuwait at Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), <https://canlii.ca/t/k3bl0>. and (Attached Tab#09 in brief exhibit - B).
48. Does the fact that the mother, by ALLAH’s grace, was able to defend herself during an exceptionally complex and lengthy trial—without a lawyer—and win against two opposing counsels on behalf of the respondent demonstrate a need for the Court to order a psychological assessment of the mother? Or does the fact that applicant’s personally appeared and defended herself in the Kuwaiti appellate courts—against counsel for the respondent—and prevailed in all those cases, to her and the children’s benefit, indicate that she is mentally unfit?
49. The father’s continual assertions that the mother brainwashed them are entirely unfounded coming solely from his imagination, with no evidence or action to support them. These claiming the same of that is Kuwait during a long process exceed 50 court cases.
50. It is clear that this motion by the father aims to mislead the court and prolong the proceedings, even after a lengthy and difficult process between the parties since 2019. His arguments are the same: to prevent the mother and children from living a normal life in Canada. What is more concerning is that some individuals are willing to violate Canadian law to assist the respondent—who resides in Kuwait—solely out of hatred for the mother’s faith and her trust in ALLAH.
51. (Attached in exhibit – A-6): The Children’s Lawyer’s case conference brief (Form 17A) Page 5 states: “On October 7, 2024, Ms. Doucett’s office called the Principal at Eagle Heights Public School, believed to be the children’s school, to confirm their attendance and inquire as to whether the school would facilitate a meeting with Ms. Doucett, Ms. Heslop, and the children with or without a Court Order. A message was left for the principal.
52. In reality, all summer communications between the parties concerned enrolling the children in Al-Taqwa Islamic School, not Eagle Heights. Moreover, the children had stopped attending Eagle Heights in June 2023, when the family moved to a different neighbourhood. By presenting Eagle Heights as their current school—despite knowing it was not—Ms. Doucett knowingly misled the Court and provided false information. This insistence on involving the OCL in this matter, long after the trial and all interim orders had ended, appears purpose-built to manipulate the process and justify cancelling all previous trial materials or dispute the mother’s custody.
53. (Attached in exhibit – A-7): On July 31, 2024, an email between the parties confirmed that everyone knew the children would attend Al-Taqwa Islamic School. In Canada, school enrollment is determined by residential address. If Ms. Doucett had reviewed the trial materials, she would have known that—since early 2024—the children’s school has been Stoney Creek Public School.
54. In reality, all summer communications between the parties concerned enrolling the children in Altaqwa Islamic School, not Eagle Heights. Moreover, the children had stopped attending Eagle Heights in June 2023, when the family moved to a different neighbourhood. By presenting Eagle Heights as their current school—despite knowing it was not—Ms. Doucett knowingly misled the Court and provided false information.
55. The respondent party cites no new facts touching the children’s best interests that would justify reopening the evidentiary record (Rule 15(5), Family Law Rules). He asked new requests to repeat, delay, and complicate this matter which is done and finalized since 2021 in Kuwait with final orders.
56. All of his claims were before the Court during the trial. Nonetheless, he continues to pursue this matter—ignoring the urgency and the risk of involving the father, despite many years of violence and harassment. It is concerning that he disregards all crucial evidence and the final orders that were in force when the mother and children moved to Canada.
57. (Attached Tab#07 in brief exhibit - B): The Director of Kuwait’s Community Police Department—an agency equivalent to Canada’s Children’s Aid Society (CAS) submitted to the Kuwaiti Family Court a report and assessment by psychologist dated 5 November 2020 concerning child-rights complaint file no. 281/2020. The respondent did not oppose this at all even when it was submitted in two different courts in four cases.
58. (Attached Tab#08 in brief exhibit - B): The Director of Kuwait’s Community Police Department—an agency equivalent to Canada’s Children’s Aid Society (CAS)—submitted to the Kuwaiti Family Court a report and parties statement dated 8 November 2020 concerning child-rights complaint file no. 144/2020. Also, The respondent did not oppose this at all even when it was submitted in two different courts in four cases.
59. (Attached Tab#03 in brief exhibit - B): Endorsement order by Judge J. Paul R. Howard dated October 24, 2024 confirm the role of OCL. The respondent did not oppose the OCL involvement.
60. (Attached Tab#04 in brief exhibit - B): Form 25 of Judge Howard order dated October 24, 2024.
61. (Attached Tab#05 in brief exhibit - B): Form 25 of Judge Tobin order dated February 16, 2024 that “ALL interim orders made in this case are now at an end. This would include the order of Justice V. Mitrow dated November 29, 2023. Which means that the temporary order to involve the OCL on May 26, 2023, is not any more valid since February 16, 2024.
62. (Attached Tab#06 in brief exhibit - B): Justice Tobin’s endorsement dated 22 January 2025 confirms the role of OCL and that, at the time the motion was heard, the respondent did not object to the involvement of the Office of the Children’s Lawyer (OCL) in this matter. The applicant mother applied many times to remove the OCL, but no one grant her the justice of follow the rule of the esteemed law.
63. (Attached Tab#13 in brief exhibit - B): Children’s school report cards for the current year show that, as they do every year, my children excel academically: Baraa’s percentage is well above the course median; Lujain has earned straight E’s in all subjects; and Mariam’s grades are consistently around A.
64. Statutory mandate fulfilled – The OCL’s investigative and advocacy roles under ss. 89(3.1) & 112 of the Courts of Justice Act, RSO 1990, c C.43, have now concluded; discharging the office prospectively is therefore appropriate.
65. Under Rule 2.1.01(1) of O. Reg. 322/24, the Court may stay or dismiss any motion or proceeding that, on its face, is frivolous, vexatious, or otherwise constitutes an abuse of the Court’s process.
66.Under Rule 2.1.01(3) of O. Reg. 322/24, if the Court dismisses a motion under subrule (1), it may also, by way of Rule 37.16, prohibit the moving party from bringing any further motions in the same proceeding without first obtaining leave.
67. Proportionality & children’s welfare – Striking two years of evidence would waste resources, prolong litigation, and expose the children to fresh assessments, contrary to s. 24(3) Children’s Law Reform Act and the court’s duty to promote the least‑intrusive determination (Rule 2).
68. Prejudice if the OCL record is struck would nullify key findings underpinning the Final Order (judgment of trial at the Superior Court of Justice) and necessitate fresh assessments, costing the parties, involving the children with more unnecessary investigations which is done in Kuwait since 2020 without any opposing from the father for the final (appeal orders). However, the missing information must be filed with the record like the CAS’s enclosure and assessments.
69. While I disagree with some cultural remarks in the Report, those passages can be addressed by argument; wholesale deletion is disproportionate and unfair. All the previous issues were discussed in the trial court.
70. Declarant’s request: I requested many times to discharging the OCL going forward which now will be done automatically without this motion by the OCL's affidavit which shall be confirming the children refused in April to be involved with any more investigation, but I strongly oppose expunging their historical materials.
71. It appears that the respondent is deliberately and persistently abusing the mother and children by keeping multiple legal proceedings alive—even though all matters were resolved by 2021—so that litigation has now dragged on for more than six years in three different countries (Kuwait, Canada, and Jordan). Instead of facilitating unnecessary procedural delays that contravene Canadian law and justice and serve only to further complicate matters for the Muslim mother and children, the Canadian court must put an end to this persecution by delivering justice to the children and the mother and by recognizing and giving full effect to all orders that were in force when the mother and children, as Canadian citizens, relocated and settled in Canada.
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FACTUM OF THE APPLICANT (LUBNA ALDAHLEH)
For Motion of REMOVING THE OFFICE OF THE CHILDREN’S LAWYER AND EXCLUDING ANY EVIDENCE OF THE OCL – In addition to separate FACTUM for the three other motions set on the same
(Special Appointment Motion Hearing: July 11, 2025)
PART 1 – INTRODUCTION
1. This factum is filed in accordance with the Respondent’s motion dated May 12, 2025, seeking to remove the Office of the Children's Lawyer "OCL" and exclude all materials and reports prepared by the OCL. The Applicant opposes this relief and submits that it is contrary to the best interests of the children, legally unfounded, and procedurally abusive. Applicant filed on June 02, 2025, cross-motion regarding this matter with specific requests to be heard by this honorable court in special appointment set to be heard on July 11.
2. The Applicant is the mother, Lubna Aldahleh a Canadian Citizen (born in Syria in 1984), of three children: Baraa Zayed- first Canadian Generation (born in Scarborough in 2010), Lujain Zayed- first Canadian Generation (born in Scarborough in 2012), and Mariam Zayed- Visitor visa in Canada with PR application has been hold since 2022 due to the father’s opposition (born in Jordan in 2018, while the father was in Kuwait), all of whom reside primarily with their mother “since birth” and reside with her full time in Ontario pursuant to the final judgment of 16-days trial of Justice Tobin dated February 16, 2024, Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), <https://canlii.ca/t/k3bl0> ,but this order was a temporary order! Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 304, <https://canlii.ca/t/k3bl0#par304>.
3. The Respondent is the father, Zakaria Zayed (born in Kuwait in 1979), based on his material, resides in Kuwait with his second wife and two children; I do not have any idea if there are any updates about their residence address or any new information regarding their family. And he did not have valid status in Canada and is attempting to re-litigate issues that were already conclusively resolved through a 16-day trial.
PART 2 – OVERVIEW AND STATEMENT OF FACTS AND ANALYSIS:
A. OVERVIEW AND IMPORTANT EVIDENCE – RESPONDENT’S PERSPECTIVE
4. The Respondent, Zakaria Zayed, seeks an order removing the OCL and excluding all its reports, affidavits, and evidence. He alleges bias, procedural misconduct, and failure by the OCL to conduct independent investigations (Affidavit of Zakaria Zayed, sworn May 12, 2025, paras. 1–2, 6).
5. He alleges the OCL failed to meet with the children independently or to update reports based on new developments, referencing affidavits filed on July 21, 2023; November 13, 2023; January 14, 2025; and February 20, 2025 (Affidavit of Zakaria Zayed, paras. 6–7, 12).
6. The Respondent claims that the OCL ignored court orders—specifically those issued on July 31, 2023 and May 26, 2023—regarding communication with the children and reunification therapy (Affidavit of Zakaria Zayed, paras. 19–23).
7. He also claims that the children’s current refusal to engage with him or the OCL is the result of parental alienation orchestrated by the Applicant, and that the children's views are unreliable without psychological assessment (Affidavit of Zakaria Zayed, paras. 31–46).
8. The Respondent further argues that the Applicant has made hostile statements against the OCL and that the breakdown in trust justifies excluding the OCL’s involvement going forward (Affidavit of Zakaria Zayed, paras. 50–55).
9. Finally, he cites case law including Springstead v. Springstead, 2022 ONSC 1906; Maharaj v. Wilfred-Jacob, 2016 ONSC 7925; and Foster v. Spence, [2000] O.J. No. 5848 to support exclusion of allegedly flawed OCL evidence (Affidavit of Zakaria Zayed, paras. 56).
B. OVERVIEW AND IMPORTANT EVIDENCE – APPLICANT’S PERSPECTIVE:
10. The Applicant, Lubna Aldahleh, is the primary caregiver of the three children involved in this matter and resides with them in Ontario. A final judgment issued by Justice Tobin on February 16, 2024, confirmed their primary residence and decision-making with the Applicant. The applicant argue that the OCL’s involvement concluded with the trial and was limited to the issue of alleged abduction (Affidavit of Lubna Aldahleh, sworn June 1, 2025, paras. 4–5).
11. The children were ordered by Justice Bezaire on February 26, 2025, to attend two meetings with the OCL in April 2025 (Order, para. 6). During those meetings, the children refused to speak with Ms. Doucett. Mariam sat briefly with the Applicant but reaffirmed her desire to remain with her mother (Affidavit of Lubna Aldahleh, sworn June 1, 2025, paras. 10–12).
12. The OCL failed to file any affidavit or response materials by the court-ordered deadline of June 2, 2025, despite being invited to do so. The OCL also failed to file proper Form 4 documentation when the new counsel, Mr. Vallillee, was introduced via email on June 5, 2025.
13. This case did not originate in Ontario. Rather, all substantive issues were finalized in Kuwait between 2019 and 2021, with both parties actively participating in proceedings before the Justice Court and the Court of Appeal. Final orders were issued in favour of the mother, based on the best interests of the children and in accordance with the principles of Sharia Law as applied to Sunni Muslims. On July 12, 2021, the mother lawfully relocated to Canada with the three children in accordance with those final legal decisions. Additionally, the mother was unable to remain in Kuwait due to immigration regulations. Following the divorce, the Respondent refused to waive his sponsorship, thereby preventing the mother from transitioning from family-sponsored residency to a work permit. As a Jordanian national without independent legal status in Kuwait, she was compelled to leave the country with her three children, who are not Kuwaiti citizens but rather hold Canadian and Jordanian citizenship.
14. The children clearly expressed that they no longer wanted third-party involvement and wished to speak directly to the court.
15. The Applicant complied fully with the procedural deadlines established in the February 26, 2025 Order and filed all her responding motion materials by June 2, 2025 (Affidavit of Lubna Aldahleh, para. 12).
16. The Respondent's own actions contradict his current motion: he continued to communicate with and seek assistance from the OCL post-trial, including in emails dated November 16, 2024, and May 9, 2025.
17. The children have expressly stated that they no longer wish to be interviewed by third parties and desire to speak directly with the Court. This refusal is rooted in trauma and should be respected in the interests of their well-being.
18. The Respondent’s motion is a collateral attack on the trial judgment and attempts to nullify key findings already accepted by the Court. It is a misuse of process and appears intended to further harass and destabilize the Applicant and children.
19. The Applicant requests that this Honourable Court reject the Respondent’s motion, uphold the integrity of the trial judgment, and protect the children's best interests by refusing to strike the OCL’s prior involvement and materials.
Kuwaiti Past, Canadian Court: Sixteen-Day Trial Before the Superior Court of Justice Unravels Facts and Tests Family-History Evidence:
C. THE HISTORY OF THE FATHER–CHILDREN RELATIONSHIP
20. The three children refused to contact with the father from Kuwait before moving to Canada due to his extremely violence against them and their mother. In 2023 there was an order to speak with the father by the three children; however, the father’s violence and gaslighting continued harm the children, so they refused completely to be communicating with him for around more than two years now in Canada, in addition to the previous period which was for more than total two years in Kuwait and the beginning of moving to Canada.
21. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 133, <https://canlii.ca/t/k3bl0#par133> [133] The Vision Centre opened a file for this family on April 19, 2021, with the first exchange taking place on April 23, 2021. According to the mother, on that latter day, B. and L. refused to go with their father. Eventually, with the mother’s encouragement, L. and M. did go with the father. The same occurred on April 30, 2021 and May 7, 2021. During these exchanges, the mother observed the Vision Centre counsellor, Hani Al Qalaf, shout at B. for refusing to go with the father. This shouting upset B.
22. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 134, <https://canlii.ca/t/k3bl0#par134> [134] The mother again attended at the Vision Centre with the children on May 14, 2021. It was Eid. B. was crying and refused to go with the father. Mr. Al Qalaf came outside of the Vision Centre and told the mother to wait with B. inside. M. and L. went with the father. After waiting inside for approximately 1.5 hours, Mr. Al Qalaf returned and told the mother to go to her car and leave B. at the Centre. The mother did as she was asked. Shortly thereafter, she saw L. and B. come out of the Centre, both crying and upset. The two children ran to the mother’s car and got inside. The mother then went into the Centre to ask “mercy for the children” from Mr. Al Qalaf. Based on his response to her, the mother was afraid that a false report would be prepared to the effect that she was a “neglectful mother”, so that she would lose custody. The mother took a video with her phone to show, if needed, that the father kept M. At 5:00 p.m., M. was returned.
23. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 135, <https://canlii.ca/t/k3bl0#par135> [135] According to the father, on May 14, 2021, all three children were happy to go with him. Mr. Al Qalaf helped him take the children to his vehicle. It was the mother who intervened by claiming B. did not want to go. They all went inside the Centre, where the mother engaged in a verbal argument with centre staff and a security guard. She was asked to leave. The mother took L. and B. with her to her car. The mother then tried to take M. from the father. This resulted in a security guard trying to intervene. The father gave M. to the mother.
24. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 136, <https://canlii.ca/t/k3bl0#par136> Court’s finding with respect to the events of May 14, 2021 [136] I find that the mother’s evidence regarding the events of May 14, 2021 to be more credible than the father’s. The mother provided significantly more detail regarding the events of that day than did the father. These details were consistent. The father’s observation that the children were happy to go with him is inconsistent with the uncontroverted evidence of what had happened previously. B. was reluctant to go with his father. The mother’s version of events is more consistent with all of the other evidence in relation to these children’s demeanour concerning parenting time. The evidence does not explain why the father needed the help of Mr. Al Qalaf to bring the children to his car if they were willing to go. I also take into account that there is a text message from the mother on May 14, 2021 that indicates she will receive M. at 5:00 p.m. That appears to be contemporaneously prepared evidence that the father did have M. with him, contrary to his assertion. I have also had regard to the father’s statement dated September 14, 2021, which is consistent with the mother’s version of events.[12]
25. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 137, <https://canlii.ca/t/k3bl0#par137> [137] On May 21, 2021, the mother attended the Vision Centre with the three children for an access exchange. B. and L. refused to go with the father. M. did go with the father.
26. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 138, <https://canlii.ca/t/k3bl0#par138> [138] Mr. Al Qalaf and the father, together with another employee of the Centre, were beside the mother’s car shouting at B. and L., who looked afraid. The mother called the Centre’s hotline to speak with its manager.
27. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 139, <https://canlii.ca/t/k3bl0#par139> [139] The manager and the mother were able to convince L. to go with the father along with M.
28. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 141, <https://canlii.ca/t/k3bl0#par141> [141] The mother went home with the children. She was called by the police to attend at the police station. She went there with the three children. When she arrived, she saw the father laughing with Mr. Al Qalaf and the other employee. Mr. Al Qalaf verbally abused B., who was crying. The father did not intervene on B.’s behalf. The father asked the mother to sign a document giving him custody. He said that if she did, she could return home quietly. She refused. The mother was then arrested and held overnight.
29. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 142, <https://canlii.ca/t/k3bl0#par142> [142] The evidence of B. and L., not denied by the father, was that when the father took the children from the police station that afternoon, he stopped along the way to purchase a cake. The children perceived this purchase as a celebration of what had happened to their mother.
30. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 204, <https://canlii.ca/t/k3bl0#par204> [204] B. and L. were of an age, when they left Kuwait, to have a view and understanding of their circumstances. B., in particular, had a negative view of his relationship with his father. He and L. saw the mother as protective and their caregiver. Both children were involved with their schooling and some extracurricular activities. They had a sometimes positive and sometimes negative relationship with the father’s extended family members. M. was a toddler when she left Kuwait. Her young life has revolved around the mother as her primary caregiver. She would go on access visits with the father regularly and without difficulty.
31. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 236, <https://canlii.ca/t/k3bl0#par236> [236] If I am wrong that s. 22(1)(b) of the Act gives the court the jurisdiction to deal with a parenting order, I am satisfied that the children would, on the balance of probabilities, suffer serious harm if they were returned to the father in Kuwait or removed from Ontario.
32. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 264, <https://canlii.ca/t/k3bl0#par264> [264] Expert evidence is not needed to infer that the children would be harmed if removed from the mother’s care, each in their own way. All would suffer the loss of their mother. B. and L. would be placed in the care of their father, someone about whom they have unequivocally expressed negative feelings and with whom they expressed feelings of being unsafe. Their respective views are clear and unambiguous.
33. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 265, <https://canlii.ca/t/k3bl0#par265> [265] I infer that the father recognizes risk of serious harm should the children be placed in his care, as one of his protective measures for the children, should they return, would be to retain the services of a family counselling professional to deal with “any concerns, fears or anxiety…” seeing their father.
34. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 266, <https://canlii.ca/t/k3bl0#par266> [266] If the children return to Kuwait without the mother, they will live with the father, as he has Kuwaiti custody and guardianship orders. The father has remarried. He and his new wife have a child together. There is no evidence that the children have a relationship with or even know the father’s wife. I infer that moving into this situation, where the children would be cared for by a person unknown to them, would require significant adjustment on their part.
D. Children were PREVENTED from Expressing Themselves Before the Court—Despite Repeated Requests to Hear Them; Judge Orders Their Voice Be Heard ONLY Through the OCL:
35. The OCL was appointed by court order on May 26, 2023, and was involved throughout the trial. The children’s views, as conveyed through the OCL and corroborated by professional assessments, were clear, consistent, and strongly supported their continued residence with the Applicant in Canada.
36. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 167, <https://canlii.ca/t/k3bl0#par167> [167] This matter was before the court on May 26, 2023 for a four-hour special appointment. At that time, it became apparent that the father had not asked the court to apply the provisions of r. 37.2 applicable to this alleged international abduction case.
37. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 206, <https://canlii.ca/t/k3bl0#par206> [206] According to the clinician, the children have shown signs of integrating well into life in Canada. L. is involved in extracurricular activities, and she and B. are doing well academically. They feel safe and express a desire to stay in their mother’s care.
38. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 168, <https://canlii.ca/t/k3bl0#par168> [168] When it became apparent that this rule applied to the alleged circumstances of this case based on the father’s pleading, an order was made in accordance with that rule. The Children’s Lawyer was notified, and the first meeting was scheduled.
39. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 256, <https://canlii.ca/t/k3bl0#par256> [256] In this case, evidence of the children’s views and preferences was provided by Lisa Heslop, the clinician who assisted the children’s counsel. Her role was to provide evidence of the children’s views and preferences. In doing so, she was allowed to advise the court what the children said and of her direct observations of the children. Ms. Heslop did not conduct an assessment. She was not qualified as an expert to give opinions.
40. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 257, <https://canlii.ca/t/k3bl0#par257> [257] The father did not object to the methodology employed by the clinician, the accuracy or the admissibility of the children’s statements, or her observations of them. He did submit that the evidence was dated, as the clinician last saw the children on July 13, 2023. I do not accept this submission as necessarily diminishing the weight to be accorded the evidence of Ms. Heslop. There is no evidence that the children’s views and preferences have changed since that time, and in particular that there has been an improvement in the father’s relationship with the children.
41. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 258, <https://canlii.ca/t/k3bl0#par258> [258] B. presented to Ms. Heslop as a mature, smart and personable boy. He spoke English fluently. He described his mother as protective, loving and dedicated to his, and his sisters’, care. B. described the father as angry and abusive. For example, B. told Ms. Heslop that the father would take the children somewhere fun, take pictures, and then yell and hit them. Later he would show the pictures of their happy family.
42. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 259, <https://canlii.ca/t/k3bl0#par259> [259] L. presented as a soft-spoken, mature and bright girl. She too speaks fluent English. She described the mother as “kind, caring, loves me, loving, helpful, and great” and important to her. L. described the father as “the opposite of kind, angers quickly and not caring.” Sometimes the father could be nice but it never lasted.
43. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 260, <https://canlii.ca/t/k3bl0#par260> [260] L. now wears a veil when speaking to the father. When asked by Ms. Heslop why, she began to cry. Her response was,
“I did not wear it in Kuwait. I started in Canada. Technically, when he kicked us out of the home, he did not mind that I am his daughter. He did not care I was his daughter.”
44. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 261, <https://canlii.ca/t/k3bl0#par261> [261] Quietly she continued, “why would I recognize him as my father and remove my veil?”
45. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 263, <https://canlii.ca/t/k3bl0#par263> [263] It is evident that all three children are closely bonded with the mother. She is their primary caregiver.
46. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 283, <https://canlii.ca/t/k3bl0#par283> [283] Based on their respective presentations to Ms. Heslop, their views and preferences are deserving of considerable weight. In these reasons, their views and preferences have been described along with the reasons why these views and preferences are deserving of considerable weight.
47. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 284, <https://canlii.ca/t/k3bl0#par284> [284] Neither child wants to return to Kuwait. B. tearfully told Ms. Heslop, “it is the worst thing I could think of… Words could not describe how bad.” His first and most distressing fear is being separated from his mother. He also fears how he will be treated on his return. L. expressed similar fears.
48. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 205, <https://canlii.ca/t/k3bl0#par205> [205] The circumstances of the children’s move to Canada, from the perspective of B. and L., was to leave a negative and abusive environment. With the possibility of the mother being forced to leave Kuwait, both children were fearful of being separated from her. They viewed the move as a means of finding safety and security.
49. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 267, <https://canlii.ca/t/k3bl0#par267> [267] The father argues that the children, B. and L., have been negatively influenced by the mother. This was not apparent to the clinician. They told the clinician of events that took place in Kuwait which they observed, and which reasonably gave rise to their views and preferences.[23]
50. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 268, <https://canlii.ca/t/k3bl0#par268> [268] B. described to Ms. Heslop that L. and he were subject to physical discipline by the father. He would hit them. L. described the father as quick to anger.
51. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 269, <https://canlii.ca/t/k3bl0#par269> [269] The three children were exposed to family violence between the mother and the father. For the reasons set out above, I accept the mother’s evidence that she was the victim of family violence from the father, as described in her evidence.
NOTE: I will never allow myself to be anyone’s victim. I “didn’t” write that “I’m a victim” rather, I wrote that my children were victims—but they are no longer. They’re strong enough, by ALLAH’s protection and strength, to resist the oppression and they will never ever allow to anyone to treat them as victims!
52. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 270, <https://canlii.ca/t/k3bl0#par270> [270] L. described to Ms. Heslop an incident where the mother tried to return to the family apartment but the father did not want her to enter. During this incident, L.’s leg was caught in the door when she opened it for the mother and the father intervened to prevent the mother from coming inside. As well, there were some audio and video recordings admitted in evidence. They purported to show the children being upset while in the care of their father because of his behaviour towards them. The weight given to these exhibits is slight, as context was not clear.
53. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 271, <https://canlii.ca/t/k3bl0#par271> [271] I find that the potential serious risk to the children is the father’s propensity to anger, and B. and L.’s resistance to him.
E. PROLONGED, UNNECESSARY CHILD-CENTERED INVESTIGATIONS (2019 – PRESENT)
54. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 215, <https://canlii.ca/t/k3bl0#par215> [215] The children have lived in Ontario since July 2021, a period of almost two and a half years. They have been involved with many services and their community since that time.
55. Aldahleh v. Zayed, 2024 ONSC 547 (CanLII), at para 216, <https://canlii.ca/t/k3bl0#par216> [216] Evidence regarding their best interests is available from their schools and doctors. They had involvement with the Children’s Aid Society when the mother sought out help in ensuring the children’s safety. The children have been involved with a clinician from the Children’s Lawyer, as well as with family counselling.
56. (Attached Tab#07 in brief exhibit - B): The Director of Kuwait’s Community Police Department—an agency equivalent to Canada’s Children’s Aid Society (CAS)—submitted to the Kuwaiti Family Court a report and assessment by psychologist dated 5 November 2020 concerning child-rights complaint file no. 281/2020. The respondent did not oppose this at all even when it was submitted in two different courts in four cases.
Page 18 of the applicant mother’s affidavit dated June 01, 2025, paragraph # 57
57. (Attached Tab#08 in brief exhibit - B): The Director of Kuwait’s Community Police Department—an agency equivalent to Canada’s Children’s Aid Society (CAS)—submitted to the Kuwaiti Family Court a report and parties statement dated 8 November 2020 concerning child-rights complaint file no. 144/2020. Also, the respondent did not oppose this at all even when it was submitted in two different courts in four cases.
Page 18 of the applicant mother’s affidavit dated June 01, 2025, paragraph # 58
F. SOME OF THE EVIDENCE FROM INVESTIGATIONS IN THE STATE OF KUWAIT PRIOR TO THE ISSUANCE OF FINAL JUDGMENTS BY KUWAITI COURTS
58. Please review the (Attached Tab#07 in brief exhibit – B) of supporting the applicant’s affidavit dated June 01, 2025, which is start of page 29 to page 40 at the “Exhibit Brief filed to the record on June 02, 2025, to support the applicant’s affidavit dated June 01, 2025, for the Motion of REMOVING OCL” including the original of Arabic report, of the First Report of Director of Kuwait’s Community Police Department—an agency equivalent to Canada’s Children’s Aid Society (CAS). As confirmed in page 3 of 6 in this report, the reference of this report is: Community Report for a Child Rights Complaint File No. (281/2020).
1) In page 1 of 6 in the attached report, this report dated November 05, 2020. That means 8 months before deporting the mother with the three children from Kuwait. The respondent father did not oppose this report before the court in Kuwait before moving to Canada. It is stated in the same page the followings: “Mr. Director of Archiving Department-Family High Court. Dear Sir: Subject: Family report in respect to an order of a archiving department- Family High Court - (To submit in the lawsuit No. 127/2020 Civil Family High Court Hawally/1) Referring to your letter No. 1091 dated 11/10/2020 is respect to a resolution to the above mentioned subject, kindly be advised that both parties, each one of them has submitted a complaint, which has been transferred to the community police department, which investigated the complaints, herein attached a report, of the research’s conclusion upon statements of both parties and children”.
2) In page 2 of 6 in the attached report, Subject/ Implementation of the Court's resolution
Referring to the subject as set forth, referring to the lawsuit No. 127 /2020 Hawally civil family circuit/1
Filed by/ lubna Yousef Abdel Rahman Aldahleh
Versus/ Zakaria Abdel Rahman Mohammad Zayed
The court on date: 18/9/2020
To extract a letter by community police indicating problems which children has been subjected to, involve them in matters without no business for them, and statement that the first defendant / Zakaria Abdelrahman Mohammad Zayed , holder of Civil Id No. (279042300408) by insisting on transferring children from bilingual school into Arabic School, while they are still in primary stage, which is violating a circular of the Ministry of Education, Public Administration for Private Education, further, he insisted previously to take Canadian passports and insisting on transfer residency.
Kindly, implement the court's resolution and taking necessary procedures in this regard, sending a reply prior the designated date to hear the lawsuit dated 8/11/2020.
Kind regards
Director of Clerks Department
First Instance Family Court
3) In page 4 of 6 in the attached report, Subject of the Report, Statement of Both parties: Community Police Department would like to draw your attention that both parties/ Zakaria Al Zayed and Lubna Yousef Abdel Rahman Aldahleh, has admitted complaint which has been transferred to the Community Police Department, by investigating complaints, after hearing statement of both parties and children by concerned researchers, it appears as follows:
-By Tuesday, corresponding to 1/9/2020, the above mentioned/Zakaria Abdelrahman Mohammad Zayed, has admitted to Rumethyia police station, reporting his desire to move his children (Lujain- 8 years), (Baraa- 10 years) from their current school (Ghars Bilingual School) into(AI Ekhalis Private School), a call has been made to their mother, named/ Lubna Yousef Abdel Rahman Aldahleh, she stated that she refuses to move her children into Al Ekhalis Private School, she desires that her children continue and complete their studies at the same school (Ghars Bilingual School).
By Tuesday, corresponding to 14/9/2020, a session has been held for reconciliation between both parties with an objective to reach to a solution between both parties, for their children favors, and to enroll them into the school prior effective date of the academic years, no solution has been reached, and each party insisted on his opinion.
4) In page 5 of 6 in the attached report, - The respondent, named/ Lubna Yousef Abdel Rahman Aldahleh, has offered that if her children get registered at the same school in which they study which is (Ghars Bilingual School) she is ready to submit acknowledgment obligating her to pay half of school applicable tuitions, the complainant shall undertake to pay the remaining charges, but he didn't.
- The complainant, the plaintiff/ Zakaria Abdelrahman Mohammad Zayed, offered that he is ready to pay all required school tuitions, but after transferring children into Al Ekhalis Private School.
- The respondent stated that moving her children into Al Ekhalis Private School shall effect on children psychologically and educationally, as they got used to learn at a Bilingual School, mentioning that the objective of the complainant is to depart them to Jordan at any chance, in order not to pay more school tuitions, his objective is to take revenge from her by using their children who are her most beloved.
Recommendation:
The concerned psychological researcher has after investigating the current dispute between husband and wife to demonstrate problems which children are subjected to, and involving them in issues they had no fault in it, submitting the reports as follows:
By Wednesday corresponding to: 4/11/2020, a clinical session and an interview has been held with children (Lujain, Baraa) each child separately1 results of the session has been indicated as follows:
5) In page 6 of 6 in the attached report, -Baraa is a 10 years child, the researcher noticed the remarkable increase of the child's weight than previous session, which indicates that the child suffers from gourmand due to anxiety and psychclogical stress.
- Baraa suffers from anger and exaggerates highlighting matters.
- Baraa suffers from sadness due to changing his school, moving him into other school (Al Ekhalis School).
- Baraa Feeling anger toward his father and uncles.
- Child (Lujain) is 8 years child, is characterized with social intelligence, mental intelligence, she has high function skills to express her feeling and emotions.
- lujain suffers from sadness due to moving from her school into another school (Al Ekhalis Private School).
- Both children suffer from fear, anxiety due to family problems and family violence in which they live in.
- Both parties mentioned situations which refer to father's violence toward the mother, which had an effect on their psychological status, both children feel insecure to live away from Kuwait due to their belonging and relationship with their friends and school.
59. Please review the (Attached Tab#08 in brief exhibit – B) of supporting the applicant’s affidavit dated June 01, 2025, which is start of page 41 to page 55 at the “Exhibit Brief filed to the record on June 02, 2025, to support the applicant’s affidavit dated June 01, 2025, for the Motion of REMOVING OCL” including the original of Arabic report, of the Second Report of Director of Kuwait’s Community Police Department—an agency equivalent to Canada’s Children’s Aid Society (CAS).
1) In page 1 of 8 in the attached report, this report dated November 05, 2020. That means 8 months before deporting the mother with the three children from Kuwait. The respondent father did not oppose this report before the court in Kuwait before moving to Canada. It is stated in the same page that the followings: Mr./ Director of Archiving Department-Family High Court -Hawally Dear Sir: Subject/ Lawsuit File No. 144/2020-Circuit of Family Court/8
Filed by/ Zakaria Abdelrahman Mohammad Zayed
Versus/ Lubna Yousef Abdel Rahman Aldahleh
Community Police Department present? its greets, then, Referring to your letter No. (925/2020) which issued dated 27/9/2020 I in respect to the above mentioned lawsuit, requesting a permission by the court to extract true copy of the Community Police Department's report upon a claim by the plaintiff.
Herein attached, a report of the community police department.
2) In page 2 of 8 in the attached report, Community Report for a Child Rights Complaint File No.165/2020. Particulars of the complainant -Name : Lubna Yousef Abdel Rahman Aldahleh (Jordanian) National. Particulars of the defendant: -Name : Zakaria Abdelrahman Mohammad Zayed-(Jordanian) National. Particulars of children: : Baraa Zakariar Zayed-Age (10) years-Canadian National :Lujain Zakaria Zayed-Age (8) years-Canadian National : Mariam Zakaria Zayed-Age(2) years-Jordanian national. Statement of Both parties' Report: Community Police Department would like to draw your attention that both parties/ Zakaria Al Zayed and Lubna Yousef Abdel Rahman Aldahleh, have admitted complaint which has been transferred to the Community Police Department, by investigating complaints, after hearing statement of both parties by the concerned, it appears as follows:
3) In page 3 of 8 in the attached report, Complainant's statement: It is on Monday, corresponding to 15/6/2020, the named/ Lubna Yousef Abdel Rahman Aldahleh-has admitted to Jabriya police station and reported that her children has been beaten by her husband named/ Zakaria Abdel Rahman Mohammad Zayed, while her children are with him during the vision day, she brought medical reports from Mubarak Al Kabir hospital for her children (Lujain-Mariam-Baraa), dated 15/6/2020, the complainant appeared at the community police department, stated the following. - The complainant named/ Lubna Yousef Abdel Rahman Aldahleh stated that she married the respondent named/ Zakaria Abdelrahman Mohammad Zayed, by 2008, delivering three children (Baraa 10 years-Lujain 8 years• Mariam 2 years) she mentioned that a marriage contract has been made in Jordan, mentioning that prior marriage she was working as an architect in Jordan, and she agreed with the respondent to transfer her residency into a work visa, but the respondent breached the agreement, and he didn't allow her to work, as he found that he has good financial capacity, and could spend and provide all necessitates for the martial life.
- The complainant stated that at the beginning of her marriage with the respondent, and her marriage life had many family problems, including interfering by family of the respondent (His mother-brothers-sisters) in their family life and in very specific details.
- The complainant stated that she was beaten and insulted many times and constantly by the respondent, and he was threatening her that he shall depart her to Jordan alone, without her children, stating that he was planning to deprive her from her children.
- The complainant stated that the respondent knows that children are the beloved for her, stating that the respondent has made use of her love to her children, so he threats her with her children in order to force her to submit to all his orders.
- The complainant stated that the respondent after he came to know that she has filed a divorce lawsuit due harm-based divorce, he started threatening her,
4) In page 4 of 8 in the attached report, insisting to depart her to Jordan, stating that he always says the statement (I don't want any flesh or blood that belong to you Lubna) meant his children. - The complainant stated that the respondent was beating her with her children (Baraa-Lujain), and by 11/3/2020 her children has been beaten by the respondent, and evacuated all of them out of the house, and at that day, she went to the doctor, extracting a medical report indicating injuries which her children has been subjected to. {attachment 1), mentioning that there is a voice record as a proof for that, by the day of vision, dated 12/6/2020, the respondent has beaten children(Baraa-Lujain) and the complainant extracted a medical report explaining injuries which her son (Baraa) has been subjected to, attachment (2). - The complainant mentioned that the respondent has intended to divorce her, but upon conditions he stated, stating that all his conditions are against his children interest and their future, and all his conditions are to restrict her freedom and freedom of her children.
- The complainant stated that the respondent has delayed during the first semester to pay the required school tuitions, that led the school administration not to give the certificates of her children, the school has prevented her to attend meetings which the school held, that had a psychological impact on her children and their academic understanding and their follow up of the study, due to no payment of the respondent to the school tuitions, and she submitted a certificate of that issued by the school. (Attachment 3).
- the complainant stated that the respondent is dealing with her in tough way, and always beats her in front of her children, she mentioned that as a result of this crucial and bad treatment , children's psychology has been affected and they became aggressive with everyone, with mother, father and with each other, as they got used to that , added that this violent environment is available at the family of the respondent {His mother-father-sisters and brothers) as a result of that the children's psychology have been effected.
-The complainant mentioned as a result of the respondent and his family’s crucial treatment, she feels instability and insecure, by 11/3/2020 the respondent has
5) In page 5 of 8 in the attached report, evacuated the complainant and her children from the house, and that was at the breakout of Corona virus, as result of the defendant's family crucial treatment with her and her children, the complainant has filed At-fault divorce against the respondent.
- The complainant stated that the respondent was working as a manager of Royal Company at the same time he is an owner and executive manager of this company and his monthly salary amounting KD 2000, and after the increased problems with the respondent, she has visited the family disputes department-Ministry of Justice, Attachment (4).
- After that, the respondent has transferred his residency to Al Gandool International Company, decreasing his salary into KO 700, and changing his position from executive manager to an administrative supervisor.
Statement of the respondent:
By 16/6/2020 the respondent/Zakaria Abdelrahman Mohammad Zayed appeared in respect to complaint (beating his children) as submitted against him by the named/ Lubna Yousef Abdel Rahman Aldaleh , by questioning him about the complaint that is submitted against him, he stated as follows
- The respondent/ Zakaria Abdelrahman Mohammad Zayed mentioned that his marriage and family life with the named/ Lubna Yousef Abdel Rahman Aldahleh, was happy and settled life, and many of the people were flattering that, flattering their care on raising their children and their care to educate them and make them recite Quran and their care about their children in all aspects.
- The respondent mentioned that the complainant worn a veil for 7 years ago, and on that occasion, he has treated her and given her a gift, stating that he is concerned too much of his children and want to maintain the family life and harmony which was between them.
- The respondent stated that he is the one who encouraged the complainant to join Quran Institute, stating that he has also joined the Holy Quran Institute.
6) In page 6 of 8 in the attached report, - the respondent mentioned that the cornplainant1s manners are excellent, that she keeps her prayers and reading of the holy Quran and she is concerned for teaching and educating her children and to follow up their studies.
- The respondent stated that he noticed that the complainant suffers from psychological disorders, depression, so he has admitted her to a psychiatric who was Dr./ Mustafah Abu Al Saad, joining a training course with the complainant on his own account, a course (Marriage happiness) , and a course (How to control depression and anxiety) and another course with Dr./ Tarek Al Habib (how to control anger and rage).
- The complainant stated that family problems increased since almost two years.
- The respondent mentioned that the complainant has a very strong personality, that she raised her voice loudly against his mothers, which is 80 years old and not respecting her.
- The respondent mentioned that the complainant by 7 /2018 has travelled to Jordan kingdom and remained there for 6 months, and during such period, children got registered in a school in Jordan, by 1/2019 she returned back with children to Kuwait.
- The respondent stated that after her return with children to Kuwait, he registered his son (Baraa) in an entertainment and....
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