2022 QCCQ 11445, 2022 QCCQ 11445

Protection de la jeunesse — 224020 2022 QCCQ 11445 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] « Youth Division » N° : 650-41-003736-226 DATE : June 15, 2022 IN THE PRESENCE OF THE HONOURABLE LOUISE GALLANT, J.Q.C. THE DIRECTOR OF YOUTH PROTECTION Applicant and X Child and A Mother and B Father 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 9.2 and 9.3 and 135 Y.P.A.). [ 1 ] The Tribunal is seized of a request for protection in the situation of the child X (10½ years old) and Y ( 9½ years old ) to have them entrusted to their mother for a period of six months . [ 2 ] On April 21, 2022, the Director of Youth Protection accepted a report to the effect that the security or development of the children are in danger, as they would be subjected to psychological ill-treatment and neglected on the educational plan. [ 3 ] The parents have been separated for over four years.

Since the summer of 2019, the parents have been sharing custody of the children, each one week at a time. [ 4 ] On September 20, 2021, the Superior Court of Québec, Family Division, rendered a judgment ordering shared custody of the children between their parents on a one-week basis. [ 5 ] Since the parents’ separation, their relationship has been tumultuous.

The children have been exposed to their parents’ conflictual relationship. [ 6 ] The mother now has a new common-law partner and the father reacts inappropriately to the situation, making disparaging remarks about the mother and uttering death threats against her partner in front of the children. [ 7 ] The father is unable to control his emotions in the presence of the children and acts impulsively and unpredictably. In reaction to a photograph of X and her mother’s new common-law partner posted on social media, the father pressured and insulted her.

He also punished Y for spending time alone with his mother’s new significant other [ 8 ] The children are afraid to go back to their father’s place since he is often angry, swears and screams in their presence. [ 9 ] On April 22, 2022, immediate protective measures were applied and the children were entrusted to their mother. [ 10 ] In November of 2017, Ms. A filed a restraining order against Mr. B. In November of 2018, it was Court ordered that the father could not be in contact with the mother unless it was to discuss the children.

In August of 2018, the father breached his conditions and the situation has yet to be resolved in Court. A prohibition of contact between the parents remains with exception to exchange regarding

the children. [ 11 ] Ms. A is a full-time home-care worker and her common-law partner, Mr. C is a seasonal construction worker who works away six months of the year. [ 12 ] Mr. B currently works seasonally on the dump trucks. The rest of the year, he receives employment insurance. At the beginning of March 2022, Mr. B’s parents moved in with him in order to help financially. [ 13 ] Y is a 9-year-old boy whose vulnerability should be considered higher in comparison to those of his peers.

His overall development is normal, however, Y takes medication daily for his attention deficit with hyperactivity (ADHD) and has been showing behavioural problems at school. [ 14 ] The child is sensitive to things that negatively affect him emotionally and psychologically and it tends to show through his behaviours, as he is not prone to openly talk about his feelings and situations that bother, saddens or angers him unless he is directly approached on the subject.

With that being said, with a little help, Y tends to open up more now than he has in the past. [ 15 ] X is a 10-year-old girl whose vulnerability should be considered higher in comparison to those of her peers. Her overall development is normal. [ 16 ] Although the child has been exposed to ongoing issues between her parents in the past and just recently, her father’s denigrating comments and recurrent anger outbursts, she has become so resilient and developed healthy coping mechanisms.

What was once difficult for her is now something she does with great ease. [ 17 ] The child knows the services that can help and no longer keeps to herself when she is living something difficult. She is very vocal about her feelings and about situations that saddens her and feel a sense of relief when she shares it with a significant person or a professional. [ 18 ] Both X and Y have witnesses plenty of turmoil since their parents’ separation and it had greatly affected the emotionally, psychologically and behaviourally.

That said, these children have come so far in their healing process and have become much more resilient, more so X, who has learned to externalize her emotions has soon as something triggers her in a negative way. [ 19 ] The Court concludes that the security and the development of the child are in danger because of psychological ill-treatment, neglect on the educational plan and serious risk of neglect. [ 20 ] The request is in its interest and should be granted.

FOR THESE REASONS, THE COURT: GRANTS the application; DECLARES that the security and development of the child are in danger; ORDERS that the child be entrusted to her mother for a period of six months; ORDERS that the contacts between the child and her father be under the supervision of a person designated by the Director of Youth Protection for the time needed; ORDERS that a person working for an institution or body provides aid, counselling and assistance to the child and the child’s family for a period of six months; ORDERS that the father take an active

part in the application of the measures ordered, including take steps to improve his personal situation and refrain from denigrating the mother in the presence of the child; ALLOWS the exchange of information between the professionals and workers involved in the situation of the child and the child’s family; ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. LOUISE GALLANT, J.C.Q. M e Marie-Hélène Besnier Attorney for the Director of Youth Protection M e Chantal Gaudreau Attorney for the child Date of hearing: June 15, 2022