2013 QCCQ 17675, 2013 QCCQ 17675

Protection de la jeunesse — 136095 2013 QCCQ 17675 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] "Youth Division" No: 140-41-000431-138 DATE: November 13, 2013 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [ SOCIAL WORKER ] Petitioner and X , born on […], 2004 Child and A Mother and B Father JUDGMENT JP2122 [ 1 ] Y and X are respectively 7 and almost 9 years old. [ 2 ] The parents separated several years ago. Both children live with the mother, who has legal custody. They visit their father regularly.

[ 3 ] The children's situation was reported to the director of youth protection on numerous occasions, because on an ongoing conflict between the parents. [ 4 ] The director of youth protection is now asking the Court to declare that the security or development of both children are endangered and to order follow-up measures until next April. [ 5 ] The parents admit the situation as described in the petition and they agree with the recommendations. So does counsel on behalf of the children. [ 6 ] The evidence reveals that the children are exposed to their parents' conflicts.

They also witness arguments between their mother and the father's wife. They recall incidents and tell the social worker. The situation has a negative impact on those young boys. [ 7 ] The children's situation in school used to be difficult and the mother showed poor cooperation and did not do homework with her sons. Fortunately, it has improved since the beginning of this school year. [ 8 ] The parents' relationship is also improving, but progress is recent.

They now communicate by e-mail, concerning the children. [ 9 ] Both parents love their sons and show good parental skills. [ 10 ] Hopefully, with professional help, the situation will improve, in the best interest of the children. [ 11 ] The petition is well founded. THEREFORE, THE COURT: [ 12 ] GRANTS the petition; [ 13 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the youth protection act; [ 14 ] ORDERS that X be maintained with his mother, according to the Superior Court judgment about custody; [ 15 ] ORDERS that both parents participate actively in any measures proposed by the director of youth protection to correct the situation; [ 16 ] FORBIDS both parents from denigrating each other or their spouse in the presence of the child; [ 17 ] ORDERS that X receive all the health services he may need; [ 18 ] ORDERS that a person working for an establishment provide to X and his family aid, counsel and assistance until April 30, 2014; [ 19 ] ENTRUSTS the situation of X to the director of youth protection of the Centre Jeunesse A for the carrying out of the present measures.

JANICK POIRIER, J.C.Q. ME LOUYSE A. LEMIEUX for the petitioner ME HUGO CAISSY for the child ME MYLÈNE MURRAY for the mother B the father Written judgment filed on November 22, 2013