Thanks This phase is complete.

Document served.

We have no current Financial Costs to cover regarding the case.

Share the story and join us over on Facebook!

1000+ days ago. My now wife’s children were taken from her. She missed her first meeting with them because she was attacked and communicated this clearly.

Day 5 she was told she won’t see her children until judge orders it…….

The fight has been long and now Legal aid Alberta is closing its doors.

I, Lina Hughes, of Medicine Hat, Alberta,

SWEAR / AFFIRM AND SAY THAT:

1. I have a personal knowledge of the following information, except where I say that what is stated is based from another person, in which case, I believe that information to be true.

2. I Lina Hughes ( aka Lina Bogucka) Born 1991.01.05. I am 33 year old native Lithuanian. I been trying to guide myself through this entire legal process. My native language is Lithuanian language. I am not only learning difficult legal proceedings, but also English language . I been trying to get a lawyer from the Legal Aid Alberta. I have received a lawyer only for the second part of the trial. Unfortunately my lawyer lacked experience in refugee matters , had no experience with international family law matters .

3. My lawyer Folasade Olugebemi was threatened to be disbarred by the Judge during the trial, because she was making unprofessional mistakes. After I have informed her that I want to go to Appeal Judges decision from November 6 2023. and asked her to order transcripts, she dropped me as a client, explaining that she is going on the holiday and won’t be able to represent me.

4. I have requested transcripts from Legal Aid Alberta. I was informed, only lawyer can make such a request.

5. I been trying to get legal aid lawyer and yet I had to deal with all this myself, lack of legal knowledge and difficulties with understanding the language- I am struggling providing everything what is asked of me.

6. I have made a Rawbotham application today in the Court. Calgary Alberta. We came to Canada, because we were running from the abuse and corruption in Court system . Canada is amazing country which guarantees me a right for a fair trial- it is my Charter right. I am asking Court for a lawyer with correct expertise for this unique situation.

7. Me, my two children Aleksandra Bogucka and Klara Niedzialek migrated to Canada from UK February 2020.

8. My migration to Canada was considered as abduction by Klaras biological father Piotr Niedzialek. Since I have not discuss the relocation from UK to Canada.

9. We migrated to Canada and asked for refugee protection, under the Refugee and protection act. Klara’s father Piotr Niedzialek was abusive towards my family and myself.

10. Shortly after I arrived to Canada I ran into difficulties due to issues of status , job, income, and having and abusive and difficult partner (Davin).

11. On June 1st 2020 our apartment in Calgary , Alberta 465050 avenue SW unit 433 couth on fire due electrical fire. I, two children, dog and a cat became homeless.

12. No places in shelters were available due Covid19 restrictions. That and upcoming refugee and protection hearing brought us to Vancouver, British Columbia.

13. We couldn’t get a place in any homeless shelter for a while because of Covid19 restrictions and heat waves. There were no places available.

14. When we finally got a spot in a publically funded Woman’s shelter, we stayed there only for a short while, because Davin followed us all the way from Alberta to British Columbia BC.

15. Police have arrested Davin for multiple occasions. It would not make the difference; he would always find his way back.

16. He found us in Woman’s shelter. Broke multiple times into my vehicle to sleep in it.

17. We were asked to leave Woman’s shelter, because Davin was scaring other woman, because he would keep yelling at the shelter building windows.

18. After contacting local Calgary housing organisation ASPEN , explained them my difficult situation. Asked them for help. I was told to come back to Calgary that they were able to help me.

19. After I came back to Calgary, Alberta with my children, October 10, 2021 my children got apprehended from me.

20. October 12th 2021I have missed scheduled meeting. Laury Bell (case worker of Children and Family Services) scheduled a meeting for me and my girls. She gave me no notice to it. I found out about the missed meeting after the meeting. Laury bell was informed about my difficulty keeping my phone on, charged. In addition to that, the night before, I was attacked beaten up.

21. October 12th 2021 Case worker Laury Bell , without a proper court order told me that I won’t be allowed to see my children no more.

22. For close 14 months after the children were apprehended I was not able to physically contact the children, although I made regular efforts to write and contact them by phone.

23. Due to the intractable difficulties that I was then facing, I further relocated to the city of London, Ontario, Canada.

24. Aleksandra Bogucka ( my younger daughter) was , via Hague Convention application , returned to her father( Arkadiusz Bogucki) to Poland. December 6 2022.

25. The Director, Child and family Services, made application for a PGO, which been granted on November 6,2023.

26. Page Ellis, child therapist needs to come on the stand as a very valuable witness.

27. INVOLVED PARTIES’ SUBMISSIONS:

28. The Director posits that considering all the facts of the matter the PGO should be granted.

29. The mother submits that the PGO should be denied because the Director has not met the

30. Requirements of the Act to necessitate a grant of PGO.

31. Kara’s father submits that the PGO should not be granted instead the Court should grant a six

32. month-Temporary Order to put the child in the father’s sister’s care in Ursula; and/or that the

33. Court should put the child in a specialized team care that will unify the child with the father.

34. The child counsel agrees that the Director’s PGO application be granted, grounded on child’s

35. desires to rid herself of both parents. Klara is reported to say that she does not want any contact

36. with the father and does not want to be returned to the mother, who could again use her to raise

37. child; and that the mother fails to acknowledge her “feelings”.

38. Based on the foregoing, the Court grants the PGO with a separate order that the father shall not

39. have access to the child and the mother shall have access with the child only upon Klara’s request.

40. The Court grounds its decision to grant the PGO on its interpretation of the law (particularly, the

41. Child Youth and Family Enhancement Act, the Act, particularly, section 34(1) of the Act, which

42. directs the Court that it “may” – emphasis ours- grant a PGO

43. (a) if the child is in need of intervention;

44. (b) the survival, security, or development of the child cannot be adequately protected if the child

45. remains with or is returned to the child’s guardian; and,

46. (c) it cannot be anticipated that the child could or should be returned to the custody of the child’s

47. guardian within a reasonable time.

48. Additionally, the Court discusses section 1(2) of the Act that describes what a state of

49. intervention is – there are reasonable and probable grounds to believe that the survival, security

or development of the child is in danger because of certain conditions (a) the child has been