2023 QCCQ 916, 2023 QCCQ 916

Droit de la famille — 23314 2023 QCCQ 916 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-51-000433-237 DATE: February 16, 2023 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ A Applicant -and- B Defendant -and- Director of Youth Protection A Impleaded Party ______________________________________________________________________ JUDGMENT (Section 37 paragraph 3 of the Code of Civil Procedure ) ______________________________________________________________________ WARNING: In family matters, access to the court records is restricted.

No person who has had access to a record in a family matter or in a matter regarding a change of designation of sex as it appears in a minor child’s act of birth or in a matter regarding a change of designation of sex as it appears in a minor child’s act of birth may disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding to be identified, unless authorized by the court or by law or unless the disclosure or circulation of the information is necessary for the purpose of applying a law. (Sections 15 and 16 C.C.P.) Context [ 1 ] The Applicant seeks the custody of the children issued from her union with the Defendant, namely: • X, born on [...], 2015; • Y, born on [...], 2017; [ 2 ] Concurrently, the Director of Youth Protection applies for the revision and extension of a Court decision rendered on February 17, 2022 in regards to the children, the whole in application of the Youth Protection Act . [ 3 ] These two proceedings are intimately related as the Director announces the intention of discontinuing the pending protection proceeding, and consequently its implication, should the Court grant the application for custody. [ 4 ] Although duly notified of the application, the father fails to appear.

The Court proceeds in his absence. The attorney for the children, acting under a legal mandate, consents to the conclusions sought. [ 5 ] The Court grants the application. The following elements justify this decision. Analysis and judgment [ 6 ] The Court retains these facts from the evidence:

• At the time of the last protection judgement, the children reside with their parents; • The father is incarcerated from March 30 to October 1, 2022 after being found guilty of criminal harassment and uttering threats; • Since then, the children reside exclusively with their mother; • The parents no longer form a couple; • During his incarceration, only a few phone contacts occur between the children and their father; • Since his release, the father has been inconsistent as to seeing his children, although the mother is open to structured contacts; • The father continues to have personal issues in regard to his emotional control, anger management and mental stability; • The mother ensures the care, education and needs of the children; • The children are evolving positively with their mother; [ 7 ] The children’s best interests dictate that the Court grant the application for custody, as its conclusions ensure their stability. [ 8 ] The mother is open to the children having beneficial access periods with their father and considers that they will be able to come to an agreement as their frequency and structure. [ 9 ] Should the parents be unable to come to an agreement as to the father’s access, the Court may be seized to determine the appropriate modalities.

FOR ALL THESE REASONS, THE COURT: [ 10 ] GRANTS the application for custody; [ 11 ] GRANTS the custody of the children X and Y to their mother; [ 12 ] GRANTS access to the father upon agre e ment between the parents in regard to the frequency and the structure of the said contacts; [ 13 ] THE WHOLE without costs . __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Annie Girard Attorney for the Applicant Me Marc Castonguay Attorney for the Director of Youth Protection Me Stéphanie Castagnier Attorney for the children Date of hearing: February 16, 2023