2016 QCCQ 8447, 2016 QCCQ 8447

Protection de la jeunesse — 163772 2016 QCCQ 8447 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 30652-168 / 525-41-030651-160 / 525-41-030653-166 Date: April 14, 2016 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2005 In the case of: Y Born on [...], 2007 In the case of: Z Born on [...], 2009 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) JD2620 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 Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of April 14, 2016, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection A filed three motions to declare that the security and development of a child is in danger in the case of three brothers, X , Y and Z , who are ten, nine and six years old, based on the psychological ill-treatment and unreasonable methods of upbringing to which they have been exposed. [ 3 ] The facts alleged in support of the motions dated January 15, 2016 are as follows: 3.1. the child is subjected to unreasonable methods of upbringing by the father and the child’s parents fail to take the necessary steps to put an end to the situation; 3.2. the child is seriously and repeatedly subjected to behaviour on the part of his parents that could cause him harm, and the child’s parents fail to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) as relevant information the parents are separated since October 2015;

b) the father is facing charges for conjugal and domestic violence;

c) the father has conditions prohibiting contacts with the mother but also with the child and siblings, unless supervised by the paternal grandparents;

d) there is a severe conflict between the parents;

e) the mother reports that the child and siblings come form visits with the father mentioning negative comments of the father. They would have told her that she wants all of the father’s money;

f) X regularly calls the father requesting more time with him;

g) the mother refuses for the child and siblings spend more time with the father;

h) the mother reports that the child and siblings often speak to her as the father used to do;

i) the child and siblings have stated to have been physically disciplined by the father;

j) X said that the father threw him, as well as his siblings, to the ground and had hit them;

k) the children have stated that the father has hit X and Z with a belt;

l) the father stated he has a belt that he used for threatening lashing, but has never hit the child and siblings with it;

m) X has academical difficulties;

n) the mother stated before the separation the child and siblings had regressed and were wetting their beds. This situation stopped shortly after the father left the home;

o) the mother is as times overwhelmed with the care of the children and their behaviours;

p) the children often call the father crying and complaining about what goes on with the mother;

q) the mother admits to having difficulty with the children’s behaviors, especially X;

r) the mother admits to regularly yelling at the child and siblings;

s) despite the allegations, the child and siblings have not expressed being afraid of either parent;

t) the father underwent an anger management therapy (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the children be entrusted to their mother, at the exclusion of the father, with aid, counsel and assistance, as well as additional corrective measures, until December 12, 2016. [ 5 ] The parents, who were each assisted by their respective legal counsel, acknowledged the situation of endangerment and agreed to the proposed measures. [ 6 ] Me Grondin, on behalf of the children, made no admissions but also approved of the measures proposed by the Director of Youth Protection. [ 7 ] The Director filed Exhibits D-1 to D-5 as evidence: D-1: Child’s birth certificate; D-2: Police report, event no. [...] (filed under

section 292 C.C.P.); D-3: Court report, by [Social Worker 1], dated April 7, 2016; D-4: En liasse, father’s recognizance dated January 12, 2016; D-5: En liasse, minutes of the hearing in file no. [...] held on December 17, 2015 and February 18, 2016. [ 8 ] In

summary, the parents did not contest the motions and acknowledged that the situation needs to be redressed in their children’s interest.

To their credit, they avoided adding to the children’s stress and did not require them to testify. [ 9 ] As it appears from the evidence adduced, the children have suffered from their parents’ severe ongoing conflicts and as a result of the inadequate methods of discipline to which they have been exposed. [ 10 ] Both parents are strongly encouraged to work on the challenges they each face in parenting their children, more particularly to learn to adequately assert their authority and to refrain from undermining the other parent.

As summarized in the Court Report: Ongoing involvement from the DYP remains necessary in this situation. Despite the current interdiction of contact between the parents, the children continue to feel the impacts of their parent’s separation and they are expressing their emotions through disruptive behaviours. Mr. B has repeatedly professed his strong dislike for Ms. A and there are concerns that the children are acutely aware of this fact.

Both parents disapprove of the other parent’s parenting style and they have difficulty coming to an agreement on the frequency and modality of contacts between the children and Mr. B. In addition, Ms. A has expressed feeling overwhelmed and having difficulty managing her children’s behaviours. The DYP needs to continue monitoring and advising the parents on appropriate means of discipline and ensuring that alternatives to physical means of discipline are explored and implemented by the parents.

The parents also need to become more sensitive on how their conflictual relationship is impacting their children’s well-being. [2] [ 11 ] Under the circumstances, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motions are well-founded and that the measures are in the children's interest. THEREFORE, THE COURT: [ 12 ] GRANTS the motions;

[ 13 ] DECLARES that the security and the development of the children, X , Y and Z , are in danger under sections 38 (

c) and 38 (e) (1) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILDREN'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 14 ] ORDERS that the children be entrusted to the care of their mother, at the exclusion of the father; [ 15 ] ORDERS that the frequency and modality of contacts between the children and their father be determined by the Director of Youth Protection TAKING JUDICIAL NOTICE that contacts presently occur between the children and their father on Wednesday evenings as well as overnight on Fridays and that it is expected that the children will eventually be spending every other weekend with their father and that the parties agree to allow the Director of Youth Protection to make a final determination in case of any disagreement; [ 16 ] RECOMMENDS that both parents undergo a psychological evaluation and follow the recommendations that may be made; [ 17 ] TAKES JUDICIAL NOTICE that the family is participating in the Family Preservation Program and is also benefiting from the services an educator once or twice a week; [ 18 ] ORDERS that the services continue for as long as deemed necessary; [ 19 ] ORDERS that a person working for [center A] provide aid, counsel and assistance to the children and their family; [ 20 ] ENTRUSTS the situation of the children, X , Y and Z , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 21 ] THE WHOLE until December 12, 2016.

TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Guy-Luc Grondin Attorney for the children Me Alain Lancry Attorney for the mother Me Nicoleta Nicole Platanitis Attorney for the father TD/vl