2018 QCCQ 19868, 2018 QCCQ 19868

Protection de la jeunesse — 1811178 2018 QCCQ 19868 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 505-41-008865-174 DATE: August 6, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2016 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B 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.). [ 1 ] Alleging that the child X is subject to psychological ill-treatment in reason of an ongoing parental conflict, the Director of Youth Protection applies to the Court for an order of protection. [ 2 ] Concurrently, the father presents a request for change of custody in virtue of article 37 (3) of the Code of civil procedure . [ 3 ] On February 23, 2018, the parties consign their admissions regarding the situation of endangerment and in view the evidence filed, the Court declares that the security and the development of the child are in danger in reason of psychological ill-treatment. [ 4 ] Although the protective measures and the custody are initially the subject of energetic contestation, at the final hearing date, the parties present a consent to judgment on all pending contentious issues, including the child support. [ 5 ] This agreement reflects the will of the parties while respecting the prescriptions of the Youth Protection Act and even more importantly, the child’s best interests. [ 6 ] Consequently, the Court endorses this consent to judgment and gives act to the paragraphs which are pertinent to the pending issues in virtue of the Youth Protection Act , the issues as to child support, although settled by this agreement, being of the exclusive jurisdiction of the Superior Court. [ 7 ] On a parallel basis, the Court also gives act to the said agreement within the pending custody proceedings. [ 8 ] FOR ALL THESE REASONS, THE COURT: [ 9 ] Confirming the decision rendered on February 23, 2018: [ 10 ] GRANTS the application for protection; [ 11 ] DECLARES that the security and the development of the child are in danger in reason of psychological ill-treatment (article 38 (

c) of the Youth Protection Act ); [ 12 ] As to the protective measures : [ 13 ] DECLARES that the final consent to judgment having intervened between the parties on August 3 and 6, 2018, represents the best interests of the child respects the objectives of the Youth Protection Act ,

[ 14 ] HOMOLOGATES AND DECLARES EXECUTORY the final consent to judgment having intervened between the parties on August 3 and 6, 2018, to the exception of the paragraphs concerning child support (paragraphs 15 to 21 inclusively), said agreement being annexed to the present judgment; [ 15 ] ORDERS the parties to adhere thereto; [ 16 ] ALL THESE MEASURES for one year; [ 17 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present order. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Catherine St-Yves Attorney for the Applicant Me Anne-France Goldwater and Me Marie Anne Martin Attorneys for the father Me Charlotte Vanier Perras Attorney for the child Hearing dates: February 15 and 23, June 12, August 6, 2018