2013 QCCQ 11732, 2013 QCCQ 11732

Protection de la jeunesse — 133884 2013 QCCQ 11732 COUR OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No : 140-41-000424-133 DATE : July 15, 2013 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, j.Q.C. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Child and A and B Parents ______________________________________________________________________ JUGDMENT ______________________________________________________________________

[ 1 ] A petition for protection purpose in respect of X ( [...] ) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth protection act. [ 2 ] At the hearing, the parents are present with their lawyers.

The child is also represented. [ 3 ] The petitioner's lawyer amends the petition by changing the duration of the order (June 30, 2014) and by adding a recommendation to the parents. [ 4 ] The father does not comment the facts but agrees with the amended conclusions of the petition as well as the mother who admits most of the allegations of the petition, denying or ignoring few of them. [ 5 ] The child's lawyer, taking notice of the mother's admissions, agrees also to the measures sought by the Director of youth protection. [ 6 ] The Court studied the petitioner's psychosocial report and heard her testimony. [ 7 ] The evidence reveals that the parents are separated and share the custody of their son.

They have been thru many separations and reconciliations. They are involved in a conflict of separation and X had witnessed verbal and physical domestic violence. The parents denigrate the other in the presence of the child. [ 8 ] The parents present the situation differently and do not have the same view and

interpretation of certain events. [ 9 ] However, X shows reactions to that situation and is at risk to develop behaviour problems, if not psychological. [ 10 ] The parents must change immediately and permit X to love each of them without stress and hurdles. They must solve their adults issues without implicating X or letting him in a state of confusion or embarrassment. [ 11 ] For the moment, the Court understands that the father is facing a prohibition of contact with the mother imposed by the criminal jurisdiction.

It would be a good thing if the father can apply to obtain an alleviation of this prohibition to permit contacts in the presence of a representative of the Director of youth protection. [ 12 ] In the future, the parents must be able to communicate in a civilized and peaceful fashion to address X 's needs and well-being. [ 13 ] The father indicates to the Court that he is taking in charge the responsibility of the child's transportation for the access to the mother; he will make sure that his own mother will do it and, if not, the maternal grandparents.

WHEREFORE, THE COURT : [ 14 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth protection act ; [ 15 ] ORDERS that X be entrusted to his parents on an alternate weeks basis from Monday 16 h. to Monday 16 h.; [ 16 ] RECOMMENDS to the parents to not denigrate the other parent in the presence of their son X ; [ 17 ] RECOMMENDS to the parents to seek help for their personal issues and to grieve their relationship; [ 18 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his parents; [ 19 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A June 30, 2014, for the execution of the present measures.

__________________________________ ROBERT LEVESQUE, J.Q.C. Me Andrée Rioux, for the petitioner Me Hugo Caissy, for the child Me Mylène Murray, for the mother Me Damien St-Onge, for the father