2020 QCCQ 6314, 2020 QCCQ 6314

Droit de la famille — 201680 2020 QCCQ 6314 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 450-51-001135-201 DATE: October 19, 2020 ______________________________________________________________________ BY THE HONOURABLE LISE GAGNON ______________________________________________________________________ A Applicant v.

B Defendant And [SOCIAL WORKER 1] Director of Youth Protection Delegate ______________________________________________________________________ JUDGMENT Section 37 (3) of the Code of Civil Procedure ______________________________________________________________________ WARNING: In family matters, access to the court records is restricted.

No person who has had access to a record in a family matter or in a matter regarding a change of designation of sex as it appears in a minor child’s act of birth or in a matter regarding a change of designation of sex as it appears in a minor child’s act of birth may disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding to be identified, unless authorized by the court or by law or unless the disclosure or circulation of the information is necessary for the purpose of applying a law. (sections 15 and 16 C.C.P.) [ 1 ] On September 24 th , 2019, Judge Berardino from the Quebec Court, Youth Division declared that the security and development of the child were in danger for a serious risk of neglect. [ 2 ] In that order, Judge Berardino entrusted the child to the mother and took judicial notice that the mother was living at the maternal grandparents’ home with the child.

She also prohibited contacts between the child and the father. [ 3 ] In fact, the father has not had any contact with the child since July 8 th , 2019. [ 4 ] The mother does not know where the father is currently living and has not heard from him. [ 5 ] The mother is still concerned about the father’s drug addiction problem, his mental health issues and his instability. [ 6 ] The Director of Youth Protection believes that his presence in the child’s life will no longer be required if the Court grants the mother’s motion seeking custody of the child and prohibits contacts between the child and the father. [ 7 ] The court agrees with the Director’s position.

FOR THESE REASON S : GRANTS the present application ; GRANTS custody of the child to the mother; PROHIBITS all contacts between the child and his father; THE WHOLE, without costs.

Signed on October 29 th , 2020 __________________________________ LISE GAGNON Me Marie-Pier Trépanier Attorney for the Director of Youth Protection Me Annie-Pier Babineau Attorney for the child Me Karolanne Bonin Attorney for the mother Date of hearing: October 19, 2020 Last exhibits : D-1, M-1