2019 QCCQ 14849, 2019 QCCQ 14849

Protection de la jeunesse — 1910472 2019 QCCQ 14849 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 105-41-000503-194 DATE: December 3, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2008 Child and A and B Parents/Respondents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The four children’s parents separate in 2013. Shortly after, the director of youth protection (DYP) intervenes with the family. The Court orders the application of protective measures from 2013 until 2014 and again in 2015 for almost one year. [ 2 ] At the time, there are conflicts between the parents and the children are also exposed to quarrels opposing the father and his girlfriend.

Moreover, the father denigrates the mother in the presence of the children. [ 3 ] Once more, the DYP asks the Court to order the application of protective measures. All parties admit that the children suffer psychological ill treatment, because of the long-lasting conflict opposing the parents. [ 4 ] Both parents as well as the children are also in agreement with the protective measures the DYP recommends. [ 5 ] Following the hearing, the Court renders an oral judgment, granting the application.

Here are the reasons supporting that decision. [ 6 ] The parents used to have shared custody of all children. [ 7 ] However, since March of 2018, Y lives with her father full time. For the last three months, Z has lived at her mother’s. The parents still share custody of their two youngest children. [1] Relationships within the family are strained. [2] The parents do not trust each other. The mother expresses worries regarding the father’s drinking. She also fears that he would not properly take care of the children. The mother feels she has to carry on all parental duties on her own.

The father is quick to blame the mother, and he openly speaks negatively of her. There is also a conflict between the parents in regard to child support. [3] The children are well aware of that situation. They obviously suffer from it. [4] Moreover, Y’s relationship with the mother is difficult. The adolescent believes that her mother manipulate against her children’s interest. [5] As for Z, she blames the father, accuses him of stealing money from her and says he is always mad. [6] The father appears reluctant to work with the DYP.

Furthermore, he refuses other services that are likely to help his children. [7] The evidence reveals that all children’s security or development is in danger.

[ 8 ] The parents have to work on their communication and build their trust towards each other. Up to now, the children pay the price of their incapacity to do so. [ 9 ] The recommended measures appear to meet the children’s needs and best interest. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 10 ] GRANTS the application for protection; [ 11 ] DECLARES that the security and development of X are considered to be in danger according to

section 38c) of the youth protection act ; [ 12 ] ORDERS that the child be entrusted to her parents, under shared custody; [ 13 ] ORDERS that the parents participate actively to the application of the measures ordered; [ 14 ] ORDERS that the parents report periodically to the DYP on the measures they apply in their own regard or in their child's regard to put an end to the situation in which the security or development of the child is in danger; [ 15 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until August 31, 2020; [ 16 ] ENTRUSTS the situation of the child to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Me Alexis Deschênes for the father Mrs. A the mother Written judgment filed on December 4, 2019