2023 QCCQ 2367, 2023 QCCQ 2367

Droit de la famille — 23607 2023 QCCQ 2367 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »

N° : 505-51-002399-229 DATE : January 25, 2023 ______________________________________________________________________ PRESIDED BY THE JUDGE FRANÇOIS ARTEAU-GAUTHIER ______________________________________________________________________ IN THE MATTER OF THE CHILD X , born on [...], 2013 A, Mother – Applicant -and- B, Father – Respondent -and- [SOCIAL WORKER 1] , youth protection worker authorized by the Director of Youth Protection Respondent JUDGMENT (Section 37(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.). [ 1 ] The mother petitions the Court with an application for custody of her child, X, born on [...], 2013. [ 2 ] The mother’s application is presented in the context of pending application for extension of a Court decision instigated by the Director of Youth Protection (Director) under Sections 95 (2) of the Youth protection Act .

[ 3 ] The father, the Director and the child’s lawyer are in agreement with the mother’s application.

Moreover, the Director informs the Court that once the mother’s application is granted, he will request the discontinuance of his proceedings under Youth Protection Act . [ 4 ] The evidence reveals that the father is experiencing personal issues and difficulties that affect his abilities to fully respond to the child basic needs. [ 5 ] Therefore, the custody of the child ought to be granted to the mother while father’s contacts with is child be under supervision of a third parties agreed by the parties; [ 6 ] The mother’s application is well founded in facts and in law and is in accordance with the children’s best interest.

FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the application; [ 8 ] GRANTS the full custody of the child, X , to the mother ; [ 9 ] ORDERS that the contacts between the child and her father be following agreement between the parties in the presence of a third party chose by the parties; [ 10 ] AUTHORIZES the lift on the supervision of the contacts between the child and the father following agreement between the parties; [ 11 ] AUTHORIZES the mother to sign alone the authorizations required for psychological follow ups and for travel purposes; [ 12 ] THE WHOLE, without costs. _________________________________ François Arteau-Gauthier, J.C.Q.

Me Frédérique Earls-Bélanger Attorney for the Director Me Kelly-Ann Sinnett Attorney for the child Hearing date : January 25, 2023 Date of signature : February 7, 2023