12-DAYS UNENDED CUSTODY TRIAL_SERIOUS CONCERNS-PROCEDURAL FAIRNESS, EQUALITY, & RIGHTS OF 3 CHILDREN
A Mother's Call for Justice, Accountability, and Protection of Her Children's Constitutional Rights in Canada.
The trial officially commenced on June 11, 2026, and continued on June 12, 15, 16, 17, and 18, 2026. Following a request by the Respondent father to interrupt the proceedings, the trial was adjourned and subsequently continued on July 07, 2026, then additional dates were fixed by the court to complete in the summer. The father (in Kuwait) request adjournment for international vacation with his new wife and their three kids. The adjournment was granted to set the continuiation on Septemeber 29, 2026. We completed Sep 28 &29 - October 01 & 02.
As October 26, 2026, approximately 13 trial days have been completed, yet we remain in the Applicant mother's stage of the proceedings (cross-examination by the respondent father).
I remained under oath during my testimony and cross-examination, which concluded on October 26, 2026. During that period, I was refrained from sharing any updates about the ongoing trial out of concern for my obligations as a witness and the integrity of the proceedings. Despite the fact that I filed complaints to investigate the miscarrager of the justice in the process before the Superior Court of Justice, I was unable to publish the concerns in this petition.
Now that my cross-examination has concluded, I believe it is important to publicly express my serious concerns about procedural fairness, the treatment of evidence, and the protection of my three children, and our rights under the Canadian Charter section 7.
1. The Trial Was Originally Scheduled for Three to Five Days:
The Trial Scheduling Endorsement contemplated a trial lasting approximately three to five days.
This schedule was established following two important Trial Management appearances that the Respondent father failed to attend. The Trial Management Judge recorded his failure to attend, and the trial schedule was prepared on the basis of the Applicant mother's participation and the materials then available.
Nevertheless, shortly before the trial commenced, the Respondent participated and submitted additional documents and evidence.
I remain deeply concerned about how these materials were permitted to enter the proceedings despite the earlier scheduling directions, the Respondent's non-attendance, and my understanding of the applicable deadlines and requirements.
Why are court scheduling directions and procedural requirements not being applied consistently to both parties?
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2. Unequal Opportunities to Present Evidence:
From the beginning of the trial, I experienced serious restrictions on my ability to present evidence relating directly to the issues raised in my application since 2023.
In particular, I sought to introduce final judgments issued by competent courts in Kuwait between 2019 and 2021, following extensive litigation involving more than 60 proceedings between the parties.
These included final divorce, custody, and guardianship judgments that were in effect before my children and I relocated to Canada.
The recognition and legal effect of those judgments are central issues in my case and were among the primary reasons I initiated this petition.
Despite this, the Trial Judge declined to receive or consider certain foreign judgments and related evidence that I sought to present.
I respectfully question how the recognition of foreign judgments can be meaningfully addressed if the Applicant is unable to present the judgments and supporting evidence upon which her application relies. Canadian law provides a framework for considering foreign custody and parenting orders, subject to applicable statutory requirements and the children's best interests. However, the current judge, who I thought wrongly, that she will respect the ethic of the professionals, rejected following the Trial Scheduling Endorsment Form. Which is the schedule that shall be followed in the trial processings. All my evidence and my pleadings which basically prepared before the trial have been dismissed from the beggining of the trial preventing me from having my rights of fairness trial or even to present my case properly.
I am not asking for special treatment. I am asking for an equal and meaningful opportunity to present my case under Canadian law.
3. Approximately Eight Days of Cross-Examination:
The first day was only for the procedures to dismissed all my evidences by the judge, she ordered to submit new evidences by the same day evening which is impossible to be in a couple of hours after trial from 9:30 - 4:30, and after distroying all the issues related to my amended application dated October 18, 2023.
My presentation of evidence was repeatedly interrupted limited of 3 days including argument from the other party and inerrupted of the process, and I believe the effective time available to present my case was substantially less than the time allocated to the Respondent to cross-examination my evidence.
By contrast, the Respondent's cross-examination of me continued for approximately eight days.
During this examination, he introduced materials that, to my knowledge, had not previously been properly disclosed to me, including documents prepared using Word or Excel, incomplete records, and other disputed materials.
I was particularly concerned when the Judge directed certain materials to be sent to the Court's email address while I was not provided with the same access.
I also observed that materials such as an old Facebook post from 2021 about the zionest in my home country Palestine, and my ex-husband who threaten me that he will take the children as he confirmed in 2021 to me that he cheated me and he is zionest, the post was published in my private facebook account with my relatives sharing this information before my relocation to Canada. That post were permitted to be introduced as an evidence, while important foreign court judgments and evidence relating to the family's history with extremly violence were not admitted as I had requested.
This raises a fundamental question:
Why should a social media post be considered "when it related to zionest" by a Jewesh Judge in the Superior Court of Justice in Canada, while final judicial judgments directly relevant to custody, protection, and the children's history are excluded from consideration?
4. Restrictions on My Reply and Written Submissions
After approximately eight days of cross-examination, I was informed that I would have less than one hour to respond and clarify more information and evidence for around 21 exhibits (evidences were added to the record by my ex-husbnad) based on YES or NO questions. While I have to elaborate the details of those issues which is related to Kuwait, and the judge initially prevented me from providing as evidence in this trial any previous judgment (including the 16-days trial judgment issued in Canada by the Superior Court of Justice)! adding 21 exhibits to the record without granting me my right of present my evidence in the reply is abuse of my charter right. I objected many times about the questions that were asked based on YES or NO based on the facts in the family history will not be able to be answered by YES or NO questions. I requested many times to explain the answer and provide evidences related to those questions, but the judge mentioned that this is not your time, you will have the time in the reply to provide your evidence, but yesterday she changed her mind exactly the same of the beggining of the trial (when it was my turn to provide the evidence). Many of the Respondent's questions involved complex events spanning several years and different jurisdictions. Some required explanations that could not reasonably be reduced to a simple yes-or-no answer.
I requested my right of an adequate opportunity to clarify the record and present relevant supporting evidence.
I am also concerned that the Respondent was permitted to pursue written submissions while my request to submit written submission was refused.
These differences in the treatment of the parties have left me seriously concerned about whether I am receiving a fair and equal opportunity to defend myself.
Based on our right under the charter, my children and I have the right to submit a writen submission, present my evidence, be heard without preventing me from that by the judge by saying (stop, I will not allow this answer, I will not allow this evidence, this is my court and I have the right to control the attendee! I am the judge .) Even my relatives who are overseas were prevented to attend via Zoom), and have fairness trial.
5. The Children's Voices Remain Unheard
Another deeply troubling issue is the continued absence of a completed report from the lawyers appointed to represent the children's interests.
The Office of the Children's Lawyer has been involved in this matter since 2023. Over the years, three different lawyers have been involved through 2 full years, yet none has completed and provided the final report as the rules of the law, I expected would assist the Court in understanding the children's circumstances and wishes through proper processings not just arguments.
My two older children, now approximately 14 and 16 years old, have their own experiences, concerns, and views regarding their safety and future.
I have repeatedly sought an appropriate opportunity for their voices to be considered.
During earlier proceedings, I understood a children's lawyer to have expressed concern about the mother's religious beliefs. The evidences confirmed the concerning of the father's conduct. But it is clear that this long, unfair, unnecessary, and complicated process is aiming to find or rather create any reason to deprive the children from their religion, culture, value, & moral which they have practiced with their mother from birth. It is not about the law or the procedure, it is about the bias, discrimination, and racism.
As a Muslim mother who, proudly, wears the niqab (Thanks to my Lord), this has caused me profound concern about whether religious stereotypes may be influencing the assessment of my parenting.
A mother's faith, religious clothing, and commitment to her values and home country must never be a barrier of granting our rights under the Canadian Constituation.
6. Concerns About Section 7 of the Canadian Charter
Section 7 of the Canadian Charter of Rights and Freedoms protects the rights to life, liberty, and security of the person, in accordance with the principles of fundamental justice.
I believe the restrictions I have experienced in presenting my evidence, responding to allegations, and seeking appropriate consideration of my children's views raise serious questions about procedural fairness and the constitutional rights engaged by these proceedings.
I respectfully request an independent examination of whether the procedures followed have provided the protections required by Canadian law.
My children and I deserve meaningful access to justice, without discrimination based on religion, cultural background, or ours free decision to wear the niqab and practice our faith.
7. Repeated Adjournments and now after 12 days cross-examination by the respondent in this continued trial including adding new evidences without granting me the opportunity to review the evidence in advances by serving me properly through my email seems that it is a senario to hide the strenghth of this case, and creating evidences to switch all the previous facts and evedence related to the family's history. Certainly, there is conditions and grounds to appeal any order, it seems that what is engineered so far is to destroy any opportunity of the appeal if the fairness and justice will not be granted by this trial.
My children and I have been involved in family-related legal proceedings for approximately nine years across Kuwait, Jordan, and Canada.
When the trial was interrupted in June, I sought to continue during the summer school holidays. Instead, the Respondent's request for an adjournment associated with international family travel was accommodated.
Later, my own requests for scheduling accommodations relating to my employment in a school and my ongoing paralegal studies were refused.
These decisions have created significant difficulties for me as a self-represented mother responsible for three children.
I am also concerned that the growing length of the trial will make any necessary appeal increasingly difficult and expensive.
Obtaining certified transcripts from an extended trial may cost thousands of dollars. This financial burden could become a serious obstacle to meaningful appellate review.
Furthermore, the exclusion of important evidence may affect the record available for review if an appeal becomes necessary. Also, the respondent was allowed to add more evidences that he never serve me with them during the cross-examination each day. Granting him an adjournment for months during the cross-examination seems that helping him to prepare something new. However, the judge suddenly after finishing his cross-examination, she decided to finish this trial quickly and she will restrick the time of my reply and cross-examination!
Justice must not become inaccessible simply because a judge abuse the authority!
8. Previous Judicial Findings Must Not Be Overlooked:
I remain concerned about the ignoring of findings and orders made during earlier Canadian proceedings, including the 16-day trial in 2024 concerning allegations that I had wrongfully removed or abducted my children.
I successfully defended myself against those allegations, and I ask that the resulting judgment and its actual findings be properly considered where relevant to the present proceedings. Specially, that the respondent did not appeal the order. However, the majority of his cross-examination is related to that trial issues, which the judge preventing me from providing the evidence to clarify my case and the circumistances of deporting from Kuwait.
I also ask that relevant credibility of each party shall be considered based on many judments in Kuwait and Canada, it is crucial to proof the personality of the person, but the judge elected what she want with obvious bias and prejudice for the benefit of the outcome.
My concern is that excluding or minimizing these materials may prevent the Court from receiving a complete and accurate picture of the family's circumstances.
I am asking for the law to be applied fairly, consistently, and without religious prejudice.
9. My Children Are Not Objects to Be Taken Away From Their Mother:
My children are human beings with rights, feelings, memories, and a need for stability.
I have been their mother and primary caregiver since birth. The father kicked out us from the home during the Covid, he insisted to move us to Jordan, he refused to keep us in Kuwait, he refused to transfer my residency after the divorced in Kuwait from a family sponsership (as a wife) to work permit. I continue to seek their protection and the recognition of the final custody and guardianship (full decision-making responsibility) judgments that were in effect when we relocated to Canada.
I fear that prolonged proceedings, the exclusion of important evidence, and the failure to hear the children's voices may not only place our family relationship at risk but also place the humanity and justice in Canada in a serious risk.
I cannot remain silent about those concerns.
Canada is a country that promises freedom of religion under the constitution, equality before the law, and respect for human dignity. I respectfully ask that those principles be reflected in the treatment of my children and me.
After years of litigation, displacement, financial hardship, and uncertainty, we are asking for something fundamental: the opportunity to live safely, peacefully, and with dignity.
I thank everyone who continues to support us and pray for our protection.
ALLAH IS THE GREATEST. HIS PLAN NEVER FAILS.
اللهم احفظ ذريتي بعينك التي لا تنام، واكنفهم بركنك الذي لا يُضام، واجعلهم في ودائعك التي لا تضيع.
O ALLAH, protect my children with Your watchful care that never sleeps. Shelter them in Your protection and keep them safe from every injustice and harm.
WE WILL NOT GIVE UP ON JUSTICE, OUR RIGHTS, and OUR CHILDREN'S FUTURE.