2020 QCCQ 664, 2020 QCCQ 664

Droit de la famille — 20234 2020 QCCQ 664 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-51-000084-191 (X) 550-51-000085-198 (

Y) DATE: January 24 th , 2020 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ A Mother – Applicant v. B Father – Defendant And The Director of Youth Protection A Impleaded Party And X Y Children – 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.) [ 1 ] This case concerns the children X and Y, aged 9 years and 23 months, respectively.

The children are the subject of a decision rendered by this Court on January 25 th , 2019, which declared their security and development to be endangered and entrusted them to their mother for a period of nine months. [ 2 ] The Director of Youth Protection has filed a motion for extension in accordance with

section 95 of the Youth Protection Act , which has yet to be settled by this Court. [ 3 ] The mother subsequently filed a motion before this Court in accordance with

section 37 of the Code of civil procedure , seeking custody of the two children, with certain access rights to be granted to the father. [ 4 ] Both motions are heard on the same day. This judgement only deals with the motion in accordance with

section 37 of the Code of civil procedure . [ 5 ] Following discussions, the parties agree that by granting custody of the children to the mother, while granting access rights to the father in such a way that would avoid the parents to be in contact with one another, the main issue in relation to the protection of the children would be settled, thereby allowing the Director of Youth Protection to put an end to its intervention in the situation of the family. [ 6 ] The parties submit to the Court a draft agreement to that effect. The agreement is signed by all parties and the Court has verified that such consent was given in a free and enlightened manner. [ 7 ] THEREFORE THE COURT:

[ 8 ] GRANTS custody of the children to the mother; [ 9 ] GRANTS access rights to the father in accordance with the terms of the signed agreement dated January 9, 2020 attached thereto. __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. Mtre Charlotte Dupuis Counsel for the Director of Youth Protection Mtre. Daniel Lessard Counsel for the children Mtre Ginette Tétreault Counsel for the mother Mtre Andréa Caron Counsel for the father Date of hearing: January 9 th and 24 th , 2020 [NDLE : Par souci de confidentialité, SOQUIJ a retiré du présent jugement le projet d’accord signé par les parties.]