2011 QCCQ 6233, 2011 QCCQ 6233

Protection de la jeunesse — 111381 2011 QCCQ 6233 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 140-41-000351-104 DATE: February 21, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Child and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for protection purpose in respect of X (2003 […]) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts which describe quite well, as we can see from the evidence and the admissions, the situation of the child and his parents :

a) the parents are separated since May 2009, they tried to go back together but they end their relationship definitively in September 2009 ;

b) on September 25, 2009, they signed an agreement for the share custody of their son X ;

c) according to this agreement, the have share custody of their son and he move to one parent to the other every two days ;

d) the mother has a boyfriend C but they doesn't live together ;

e) the father also has a girlfriend D and they doesn't live together ;

f) in 2009, the father was accused of conjugal violence towards the mother and he is in probation until January 2013 ;

g) the father is followed by a psychiatric, a probation officer and a social worker from the CSSS ;

h) the father is taking medication for depression ;

i) the father has hard time to accept the separation from X's mother ;

j) there is an important conflict between the parents and there is actually no communication ;

k) the father hates the mother boyfriend and think he could be a dangerous person for his son ;

l) the father is always worried when his son is with the mother ;

m) the father is often talking negatively regarding the mother and her boyfriend and even in front of his son ;

n) the father is questioning his son every time he is coming back from his mother ;

o) the father tends to control the situation even at the mother's place ;

p) the lack of communication between the parents deprives their son to benefit from activities ;

q) it was observed by the school that X is more disturb during his stays at his father ;

r) X is beginning to show some behavioural problems at school mainly during the dinner time ;

s) both parents love their son and want the best for him ;

t) the mother is tired of the conflictual situation and wants to have the full custody of her son ;

u) a petition to change the legal custody is presently pending and an expertise was request the Superior Court ;

v) the child is kept in a middle of a important conflict between his parents ;

w) this conflict has a negative impact on X ;

x) the parents needs help and assistance to improve the situation ;

y) X needs to be able to live according to his age without earring all those adults remarks ;

z) X has the right to love and be well with both of his parents. [ 3 ] At the hearing, the parents are present and represented by lawyers who admit the situation described at the petition and accept the recommendations of the Director of youth protection. [ 4 ] The child's lawyer, considering the position of the parents, accepts as well the recommendations of the Director of youth protection. [ 5 ] The Court studied the psychosocial report. [ 6 ] It is important that the parents, in the best interest of their son and to optimize his development, do not put X in a conflict of loyalty and do everything possible to solve their adult's problems in the absence of X. [ 7 ] Considering the report's content and the position of the parties, the Court grants the petition in the sense of the recommendations of the Director of youth protection including many conclusions regarding the behaviour the parents shall not adopt.

WHEREFORE, THE COURT : [ 8 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 9 ] ORDERS that X be entrusted to his parents, according to the orders rendered by the Superior Court concerning legal custody ; [ 10 ] ORDERS that X’s parents participate actively to the application of the measures suggested by the Director of Youth Protection in order to put an end to the situation that is endangering his security and development ; [ 11 ] ORDERS that X receives all the social, medical and educational services that he may need; [ 12 ] FORBIDS the parents to denigrate the other parent in the presence of their son X ; [ 13 ] FORBIDS the parents to ask questions to X concerning the familial environment of the other parent ; [ 14 ] FORBIDS the parents to use their son X as a messenger ; [ 15 ] FORBIDS the parents to try to control the activities of the other parent who is taking care of X ; [ 16 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 17 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until February 28, 2012, for the carrying out of the present measures.

__________________________________ ROBERT LEVESQUE, J.C.Q. Me Janick Poirier, for the DYP Me Mylène Murray, for the child Me Denis Paradis, for the father Me Richard Jeannotte, for the mother