2011 QCCQ 7417, 2011 QCCQ 7417
Opinion
Protection de la jeunesse — 111873 2011 QCCQ 7417 JS0675 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] Youth Division No: 550-41-000330-108 550-41-000331-106 550-41-000332-104 DATE: March 7 th , 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE MICHEL SÉGUIN ______________________________________________________________________ In the case of the children : X Born on: […], 2008 Y Born on: […], 2003 Z Born on: […], 2005 ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized of a petition under
section 95 of the Youth Protection Act. [ 2 ] At the beginning of the hearing, the attorney for the Director of the Youth Protection stated that this petition is based on the following motives: - There was an episode of conjugal violence between the parents during which the father was physically violent with the mother and uttered death threats towards her; - The father has threatened to not bring the children back the next time he has them; - The father is experiencing emotional instability and its is in the best interest of the children that the contacts be supervised. [ 3 ] The Court, with the consent of the attorney, read the following report filed by M e Sandra Couture, attorney for the Director of Youth Protection: [ 4 ] Given the consent of all parties with the social practitioner's recommendations; THEREFORE THE COURT : GRANTS the petition; DECLARES that the security and development of the children is still compromise; REVISES the decision rendered on June 2 nd , 2010; ORDERS that the children, X, Y and Z , be entrusted to their mother; ORDERS that the visits between the children and their father be accordingly to the modalities established by the delegate of the Director of Youth Protection and supervised until judged necessary;
RECOMMENDS that the children are not a witness of conflicts between their parents and any alienating remarks; RECOMMENDS that the children is not exposed to any type of violence; RECOMMENDS that the children receive the necessary care namely for children who have witnessed conjugal violence; RECOMMENDS that the parents ensure to take
part in a follow up in regards to their parental abilities and follow the recommendations; RECOMMENDS that the parents pursue their individual follow up (CLSC) and follow the recommendations of the professional; RECOMMENDS that the mother receives services for women victims of violence and follow the recommendations; RECOMMENDS that the father participates actively with the services in regards to anger management and follow the recommendations; RECOMMENDS that the father receives the necessary care for his mental health; RECOMMENDS that the parents report periodically, to the CJ [A] worker, their progress and the means they have taken to assure that the safety and development of their children in no longer compromised; ORDERS that a person authorised by the Director of Youth Protection provides aid, counsel and assistance to the children and their family for a period of twelve months; ENTRUSTS the situation of the children to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ MICHEL SÉGUIN, J.C.Q.
M e Sandra Couture Attorney of the D.Y.P. M e Marie-Christine Fournier Attorney of the children M e Anne-Marie Hébert Attorney of the father Date of hearing: March 7 th , 2011
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