img_20150315_0002.pdf
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Page 2 of 28.',-et'nighrs. In aciciition, Mr'. tricijel pn-; ca-}} the chilciren b1- telephcne 5:oo p.m. fbr t5 minutes-ach iluesila'; and 'fhLrisda.,' The picli-L:.ps anci droo-ofis ar.e to be at curbsicle and NIr. Ficljei isto remain in his vehicie. The Order iurthel states that neitirer parent is to maire an,vclisparaging remarks about the other palent, in the presence of the children, or third par'ties.The or,ler incl,.rcies a Pclice Enfblcemeni clause,
'The parents ciisagl'ee about the name b.; .,vhich $,'alid shoLrld be aCdiesseci. r\{s.Simoussa refels to him as "Wael" and Nft-. FiCjel refers to him as "\\ral1d." Iior clalit-,1.tirroughout this rerort, he is refe;:reci to bi.his lega1 niime. Wailci Tliis does not impiv thar Iendorse the position of either parent lvith respect to this iss,,re.
Terms of Reference
This assessment rvas undertalien pursuant to the Practice Note 7 Assessment Older ofThe Honourabie IvIr. Justice G.I{. Poelman of N{arch t, Iotq. This assessment addressespsychological issLres, and provides recommendations fbr lega1 decision-making. r\n..' othel useof this repoft should be done rvith the consent of the parties and in consr-rltation u,ith the rvriter'.
IvIr. Fidj el's PositionN'{r. Iridjel contends that Ms. Simorissa has been dishonest in the marriage and
conspired to interfble u,ith his relationship r.,,ith the children bv staying in rrlgelia for 6 monthsunder false pretences. FIe asserts that, since then, lv1s. Sirnorissa iras sliilliLlly manipulated ancitrsed the legal process to her advantage .,vhile he has been the victim of ineffectir,e lega1representation and a prejudicial corlrt svstem.
Mr. tricliel identified nlrmerous concerns aboLrt N{s. Sirnoussa's parenting. I-Ie asseltedthat beginning rvith her 6-month stay in Algeria in 20o6, she has prevented him fi'om havingregr-rlar access to the childlen and has been constantly alienating the children {i'om him. FIeinsisted that Ms. Simoussa has been emotionally unstable since their separation, agglessive,and unable to contro] her anger', u,hich results in physical and verbal or-itbursts torvards irimancl tire children.
Additionaliy, Mr. Fidjei is particularly distressed about NIs. Simor-rssa's lifestyle. Hebelieves sire has inapplopriale relationships rvith men ttrat violate theil Muslim beliefl, urolaivaltres, ancl ciistotns. FIe asserts that Ms. Simoussa iacks the necessary skiils and au.areness toappropriately parent the children, has piacecl a highel value on her ou,n education at theexpense olthe children, ancl has neglected the children's neecls.
Mr. Fidjel furtirer asserted that N{s. Simoussa iras i:een irresponsible ancl has placed t}rechildren in .jeopard,v by providing inappropriate chilclcale. He specLrlates that the children'semotional, social, scholastic, and behavioural concerns coLrld be attributed to the traLrma ofemotionai, p\sical, and sexLtai abuse. Mr. Irid.iel cited numeroLrs examples of lvIs. Simoussa'sineflectiveness as a ltarent:
o inadeqnate nLrtlition and reliance on fast-foods
' r-tnsafe babysitting practices by having childcare pror..ided by maie caregivers
" l trtting the children at risk by allox,ing thern to piay on their bicycles in playgroundsr,r,i.thor:t their helmets ol adequate supelr.ision
t{anq fusfiatinsfrl, WC{?tg ist e re d Qs1 c fio fogis t 4, 5V e diator/Qarezting Cao rfit td. tor
efione: (,lO S) ; 1 0- I 23 6 f,mai[: f{anq@ counse [ing so futi onsca$1ary. conr