2019 QCCQ 10700, 2019 QCCQ 10700

Protection de la jeunesse — 191522 2019 QCCQ 10700 JB5047 QUÉBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N os : 455-41-001025-162; 455-41-001005-164; DATE : February 7, 2019 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2009 Y Born on [...], 2007 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A, [...]; Applicant -and- A , [...] -and- B , [...] Children’s parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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.). introduction [ 1 ] The Director is requesting that the security and development of X and Y be declared in danger for the motives of psychological ill-treatment and educational neglect. [ 2 ] Today the Director is recommending that the children be entrusted to their mother, that the frequency and modalities of contacts between the father and the children be determined by the Director, with a social follow up for a period of 1 year.

[ 3 ] The mother is present and represented by her lawyer. She agrees with the proposed measures. [ 4 ] The father is also present and represented. He disagrees and wants the shared custody of the children to be reinstated. [ 5 ] The children’s lawyer, after hearing the evidence and reading the reports, suggests that the Court renders a provisional measure for a period of 3 months in order for the father to show continued involvement with [Resource A] and that he attends the program A. Question in litigation [ 6 ] Do the recommended measures answer the needs of the children and are they in their best interest?

Context and Analysis [ 7 ] The parents are separated and have a conflictual relationship. The children are exposed to the conflict and thus their security and development is endangered. [ 8 ] The Director is requesting the revision of the order rendered by Judge Michel Durand on February 7 th , 2018, in which he ordered that the children be entrusted to their mother, that the contacts with the father be determined by the Director, taking judicial notice that these contacts would increase until shared custody was reached.

He also ordered a social follow-up, the whole for a period of one year. [ 9 ] Since this order, the children remained with their mother until March 2 nd , 2018. [ 10 ] On February 23 rd , 2018, shared custody progressively started while the exchanges happened at the [Centre A]. [ 11 ] Overtime, the parents resumed contact with each other, with the help of the delegate at first, then on their own, starting May 2018. [ 12 ] The situation was progressing so well in June 2018, that the parents started to exchange the children on their own at their respective homes. [ 13 ] Both parents attended mediation and co-parenting sessions through the Family Mediation Service. [ 14 ] Nonetheless, some conflicts and tensions still remained between the parents. [ 15 ] The father still had feelings of resentment towards the mother and the situation started to deteriorate during the summer 2018. [ 16 ] In August 2018, X told her mother that her father got mad at her and lifted her up and put her against the wall. [ 17 ] On September 10th, the father had a verbal altercation with Y.

The father proceeded to spank Y on his legs and buttocks. [ 18 ] At that point, the children expressed that they were afraid of their father who seemed angry and unhappy all the time. [ 19 ] The father admits this state of mind.

At the time, he did not want to seek help. [ 20 ] This incident sparked new conflicts between the parents and the mother resumed sole custody of the children for a short period of time. [ 21 ] Contacts were extended progressively with the father and shared custody resumed on November 2 nd 2018. [ 22 ] In the meantime, the father remains on probation until July 14 , 2019, regarding the sexual assault committed on the mother. [ 23 ] He is prohibited from having contact with her except when exercising his access rights as provided by the judgment authorizing them. [ 24 ] He is also at risk of being deported because of this criminal offence. [ 25 ] On December 14 th 2018, a review meeting was held when the Director told the parents that the conditions were not favourable to maintain shared custody, given the events that occurred in the fall, the inappropriate way they were communicating with each other and the fact that the father had not sought help to address his personal issues that led him to use inappropriate educational methods with the children. [ 26 ] Since then, the father has taken concrete steps to address these issues. [ 27 ] He has started a follow up with “[Resource A]” and has a good therapeutic relationship with his worker, Mr. [Social worker 2]. [ 28 ] He has allowed the delegate to speak to Mr. [Social worker 2] regarding his progress. [ 29 ] The father has unresolved emotional issues regarding his previous relationship with the mother. [ 30 ] Mr. [Social worker 2] has offered to organize a co-parenting meeting with the parents. [ 31 ] For now, the situation has not evolved sufficiently to resume shared custody.

[ 32 ] There is some communication between the parents. [ 33 ] The situations with the children were in fact emotionally linked with his resentment of the mother. [ 34 ] He has to learn to dissociate these emotions and to address issues with the children as they are. [ 35 ] He is about to start attending the program A with a first meeting tomorrow. [ 36 ] The children feel a bit more comfortable when with their father but Y still expresses sometime being afraid of his father. [ 37 ] The intention of the Director is to close the file at the end of the current Court order if the father can sufficiently evolve into being able to control his emotions towards the mother. [ 38 ] The mother must also learn not to fuel the father’s resentment when situations occur. [ 39 ] Both parent have strength in their parental capacities. [ 40 ] The father’s are routine and structure.

The mother’s is to have developed a close relationship with her children and attend to their emotional needs. [ 41 ] The mother has successfully completed the two-year Program A. [ 42 ] She has been attending school in order to obtain her DEP in accounting. [ 43 ] She still struggles with organization but has made progress. [ 44 ] She must also make an effort to keep boundaries with the children not to involve them in her own adult personal issues. [ 45 ] The parents must find a way to evolve and communicate respectfully with each other in their co-parenting duties. [ 46 ] A book of communications was suggested but the mother is afraid that the children will be too tempted and will read it. [ 47 ] So the Court leaves it up to the parents to find a way, with the help of the professionals involved in their situation, to improve their communications. [ 48 ] The Court does not find the need to order a provisional order as suggested by the children’s lawyer as the Court order will allow for some flexibility in the modalities of custody and access. [ 49 ] The present judgment completes and confirms each and every observations that were made on the bench in the presence of the parties.

FOR ALL THESE MOTIVES THE COURT : GRANTS the present application; DECLARES that the security and development of the Children X and Y are still in danger; REVISES the Court order rendered on February 7 th , 2018 in the present file; ENTRUSTS the children X and Y to their mother; ORDERS that the contacts between the children and their father be determined by the Director of Youth Protection concerning frequency and modalities; AUTHORIZES that the children be entrusted to both parents under a shared custody arrangement as soon as the situation allows, with the possibility of doing it in a progressive way; RECOMMENDS that parents communicate only about their children, in writing and in a respectful manner; ORDERS that the parents take an active

part in the application of the measures ordered to put an end to the situation of endangerment; ORDERS that a person working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the children X and Y and their family for a period of one year; ENTRUSTS the situation of the children X and Y to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q. M e Marie-Pier Trépanier

Counsel for the DYP M e Maryse Pinsonneault Counsel for the children M e Érica Gosselin Counsel for the mother M e René Sévigny Counsel for the father Date of written judgment : April 5, 2019 Exhibits deposited : D-18, D-19, P-1