2023 QCCQ 5428, 2023 QCCQ 5428

Droit de la famille — 231459 2023 QCCQ 5428 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 505-51-002510-239 DATE: July 25, 2023 ______________________________________________________________________ BY THE HONOURABLE MÉLANIE ROY, J.C.Q. ______________________________________________________________________ A Applicant -and- B Defendant -and- Director of Youth Protection A Impleaded Party ______________________________________________________________________ JUDGMENT (Section 37 paragraph 3 of the Code of Civil Procedure ) ______________________________________________________________________ WARNING: In family matters, access to the court records is restricted.

No person who has had access to a record in a family matter or in a matter regarding a change of designation of sex as it appears in a minor child’s act of birth or in a matter regarding a change of designation of sex as it appears in a minor child’s act of birth may disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding to be identified, unless authorized by the court or by law or unless the disclosure or circulation of the information is necessary for the purpose of applying a law. (Sections 15 and 16 C.C.P.) Context [ 1 ] The Applicant seeks the custody of the children issued from his union with the Defendant, namely: • X and Y, born on [...], 2018; [ 2 ] The children are the object of a judgment of the Superior Court pronounced on [...], 2021, which provides the shared custody of the children. [ 3 ] Concurrently, the Director of Youth Protection applies for a protection order in regards to the children, the whole in application of the Youth Protection Act . [ 4 ] These two proceedings are intimately related. [ 5 ] The Defendant is present and consents to the conclusions sought.

The attorney for the children, acting under a legal mandate, also consents to the conclusions sought. [ 6 ] Considering the agreement between the parties, the Court grants the application. The following elements justify this decision. [ 7 ] The children’s best interests dictate that the Court grant the application for custody, as its conclusions ensure their stability. [ 8 ] The Applicant is open to the children having beneficial access periods with their mother and considers that they will be able to come to an agreement as their frequency and structure.

At the moment, the contacts are supervised and the Director of Youth protection

wishes to remain in the file for a period of six months. FOR ALL THESE REASONS, THE COURT: [ 9 ] GRANTS the application for custody; [ 10 ] GRANTS the custody of the children X and Y to their father; [ 11 ] GRANTS the mother access rights to the children as follows: following agreement between the parties and for the time been supervised by a party designated by the Director of Youth Protection.

If there is no agreement, in case the youth protection close the files that the access rights be following agreement between the parents; [ 12 ] THE WHOLE without costs . __________________________________ Mélanie Roy, J.C.Q. Me Myriam Couillard Attorney for the children Date of hearing: July 25, 2023