2016 QCCQ 17012, 2016 QCCQ 17012

Droit de la famille — 163478 2016 QCCQ 17012 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division File number: 115-51-000016-161 DATE: December 21, 2016 ______________________________________________________________________ BY THE HONOURABLE DENIS PARADIS, C.Q. ______________________________________________________________________ A , Applicant -vs- B -and- C Parents -and- Director of Youth Protection of the Centre intégré de santé et de services sociaux A Impleaded party ______________________________________________________________________ JUDGMENT RECTIFIED ______________________________________________________________________ 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.). The correction of the judgment dated 24 November 2016 in the present case is necessary in order to correct the name of the lawyer representing the mother at the hearing. The amendment was made on the last page of the judgment. [ 1 ] Mrs A, applicant int this case, asks this Court for the legal custody of the children X and Y, born on [...], 2013 and [...], 2011. A common hearing is suggested. [ 2 ] Mrs A is the grandmother.

She has the children with her since October 2013 and the evidence shows that she takes care of them very well. [ 3 ] Presently, the father, Mr C, is detained in a federal penitentiary. The mother, Mrs B, has a severe drug addiction problem ans she cannot quit this situation. The parents agree with the application. [ 4 ] The Québec Court, Youth protection division, has already entrusted the children to the applicant. [ 5 ] In these circumstances, it’s Mrs A who can provide the children need, a safe home, stability, attention and special care.

WHEREFORE, THE COURT : [ 6 ] GRANTS the application for legal custody; [ 7 ] GRANTS custody of Y, born [...], 2011, to the applicant Mrs A; [ 8 ] ORDERS to the mother/child contacts take place under an agreement between the parties and AUTHORIZES the Director of youth protection to supervised the contacts if deemed necessary; [ 9 ] ORDERS that the contacts between the father and the child take place upon agreement between the parties, including their supervision as long as necessary.

__________________________________ DENIS PARADIS, J.C.Q. Me Pierrette Harvey for the applicant Me Jean Yannakis for the child Me Sébastien Caron for the mother Mr C for the father Me Louyse A. Lemieux for the impleaded party Date of hearing: November 24, 2016 Judgment filed on : December 8, 2016