2020 QCCQ 3982, 2020 QCCQ 3982
Opinion
Adoption — 20222 2020 QCCQ 3982 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 105-43-000152-204 DATE: September 3, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ X born on […], 2004 Applicant and A B Defendants and C D THE DIRECTOR OF YOUTH PROTECTION OF THE CENTRE INTÉGRÉ DE SANTÉ ET DE SERVICES SOCIAUX A Interested persons ______________________________________________________________________ JUDGMENT FOR A DECLARATION OF ELIGIBILITY FOR ADOPTION ______________________________________________________________________ WARNING: The judicial files respecting the adoption of a chid are confidential and no information that would allow the identification of the child, his parents, his tutor or the adopters may be published or broadcast, except as required by law (sections 12 to 16 C.C.P. and 582 C.C.Q.). [ 1 ] The applicant, X, is 16 year-old.
From his birth, he has lived with a relative, Ms. C and her former spouse. Ms. C has taken care of the child, on a daily basis, ever since. [ 2 ] The applicant seizes the Court with a declaration of eligibility for adoption. Ms. C agrees with the application. In fact, they both wish that the process leads to an adoption. [ 3 ] Neither parent is present.
They both signed sworn declarations, admitting the alleged facts and agreeing with the conclusions sought in the application. [ 4 ] The evidence reveals that neither parent has ever assumed the care, maintenance and education of the child. [ 5 ] On October 21, 2004, the superior Court rendered judgment entrusting the custody of the child and the exercise of parental authority to Ms. C and her spouse. [ 6 ] In 2013, another judgment entrusted custody to Ms.
C and allowed accesses to her former spouse. [ 7 ] The biological parents have never contributed financially or otherwise to the care, maintenance and education of the child. It is highly unlikely that they would resume custody of the child. [ 8 ] The evidence convinces the Court that the application meets the child’s best interest. [ 9 ] Therefore, the Court concludes that the application is well founded. FOR THESE REASONS, THE COURT:
[ 10 ] DECLARES the child X, born on […], 2004, judicially eligible for adoption; [ 11 ] DESIGNATES Ms. C for exercising parental authority over this child; [ 12 ] AUTHORIZES the parties to receive a copy of this judgment, subject to their commitment to comply with legislative dispositions regarding confidentiality in matters of adoption. __________________________________ JANICK POIRIER, J.C.Q. Me Ann-Chloé Boudreau Applicant's lawyer Me Louyse A. Lemieux DYP's lawyer Ms. A Defendant Mr. B Defendant Ms. C Interested person Mr. D Interested person Date of hearing: September 2, 2020 (at […])
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