In an ideal world, separation between spouses should be a mature and respectful transition. Even more so when children are involved; the aspiration is for a shared parenting arrangement that honours the bond each parent has with the children and protects their best interests.
But some cases defy that aspiration entirely.
Chyher v. Al Jaboury 2025 ONSC 998, is a tragic example – a story of deep control, escalating conflict, profound emotional injury, and protracted litigation that left scars on everyone involved, most especially the two young boys caught in the middle.
This case is not just a family law dispute. It is a narrative of power, fear, cultural pressure and psychological warfare. It is the story of a woman, Chyher, who found the courage to leave an oppressive marriage and, in doing so, triggered a cascade of retaliation, alienation and accusations that lasted years and nearly shattered the fragile psyche of her children.
Chyher is a Ukrainian Christian woman studying architecture. She met Al Jaboury, an older Iraqi Muslim man, through his brother. Their union, which began with promises of love and commitment, quickly deteriorated into a life of submission and coercion.
To be a “good Muslim wife,” Chyher changed her wardrobe, her friendships and her autonomy. The court later found that whether or not Al Jaboury explicitly demanded these changes, he cultivated a relationship of dominance in which Chyher acquiesced to preserve peace.
Her testimony painted a disturbing picture: threats of violence, sexual coercion, physical assault, financial control and psychological manipulation. The court found her credible, not only in the content of her evidence but in the emotional toll it revealed. In contrast, Al Jaboury deflected, denied or minimized his actions, and the court concluded he bore overwhelming responsibility for the family’s implosion.
On July 22, 2020, Chyher left. Emotionally, physically and symbolically, she stepped out of the shadow cast over her life. But in asserting her independence, she paid a steep price. That day marked not just the end of a marriage, but the beginning of a vicious custody battle that weaponized the children as pawns.
Despite being the children’s primary caregiver since birth, Chyher was cut off from her children. For five months following her departure, the children were solely in the care of their father, who, the court found, systematically turned them against their mother through narrative fabrication, psychological pressure and vilification. By the time the children returned to her care, they no longer hugged her, no longer spoke kindly, and mimicked their father’s contempt.
The judge observed that true cases of parental alienation are rare – but this was one of them. The court documented how Al Jaboury’s actions amounted to nothing less than a campaign of psychological sabotage. He fabricated a story that Chyher had cheated with a man, despite overwhelming evidence to the contrary. This fantasy was not just told – it was drilled into the boys’ minds, shaping their hostility and deepening their confusion. Once happy, affectionate boys became angry, suspicious and emotionally withdrawn. The change was so stark, so immediate, that it served as chilling evidence of deliberate alienation.
It was only after Al Jaboury’s time with the children was placed under supervision that healing began. The boys’ hostility softened. They began to call their mother “mom” again. They accepted her affection.
The judge wrote: “The problem in this case is not Ms. Chyher or her decision to leave the marriage… the problem in this case is Mr. Al Jaboury.”
The judge accepted that the abuse occurred as Chyher described. She was not the instigator of conflict, but rather its target. And her withdrawal from her children in the early days of separation was not abandonment – it was self-preservation.
The judge was unequivocal: Al Jaboury’s behaviour was coercive, controlling and destructive. His need to punish Chyher eclipsed his responsibility as a father. The children’s welfare was subordinated to his desire for vengeance. And while he claimed that his Middle Eastern heritage and Muslim identity led to biased treatment, the court rejected that argument. The problem was not cultural – it was personal.
In the end, the court ordered a shared parenting arrangement, not because it condoned Al Jaboury’s behaviour, but because the children, now teenagers, needed resolution. They were weary of conflict. Despite everything, they wanted to love both parents. But decision-making authority was granted solely to Chyher. The risk of continued control and manipulation by Al Jaboury was too high to trust that the parents could make joint decisions.
Chyher v. Al Jaboury is a reminder that the family court is not just a venue for resolving legal disputes – it is a forum where human suffering is exposed, where manipulation can be masked as concern, and where the scars of coercive control are often more insidious than bruises.
This case warns lawyers, judges, mediators and therapists not to mistake silence for acceptance, cultural practices as acceptable, or a parent’s departure for desertion. It reminds us that abuse can be nuanced, and alienation can wear a disguise. And it reaffirms that when a parent fights not only for their children, but for their own freedom, the court must be brave enough to name the truth.
CASE LINK: https://www.canlii.org/en/on/onsc/doc/2025/2025onsc998/2025onsc998.html
This article was recently published in LexisNexis’ LAW360 at: https://www.law360.ca/ca/family/articles/2342938/struggle-hatred-and-alienation-the-tragic-tale-of-chyher-v-al-jaboury
Steve Benmor, B.Sc., LL.B., LL.M. (Family Law), C.S., Cert.F.Med., C.Arb., FDRP PC, is the founder and principal lawyer of Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto. He is a Certified Specialist in Family Law, a Certified Specialist in Parenting Coordination and was admitted as a Fellow to the prestigious International Academy of Family Lawyers. Steve is regularly retained as a Divorce Mediator/Arbitrator and Parenting Coordinator. Steve uses his 30 years of in-depth knowledge of family law, court-room experience and expert problem-solving skills in Divorce Mediation/Arbitration to help spouses reach fair, fast and cooperative divorce settlements without the financial losses, emotional costs and lengthy delays from divorce court.
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