2011 QCCQ 7245, 2011 QCCQ 7245

Protection de la jeunesse — 111756 2011 QCCQ 7245 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth chamber” No: 610-41-000373-084 DATE: April 29, 2011 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , human relations agent, exercising her profession at the Centre jeunesse A, having a place of business at […], town A, district A Applicant -and- X, domiciled and residing at […] at town B, district A, […] Child -and- A , domiciled and residing at […] at town C, district A, […] Mother -and- B , domiciled and residing at […] at town B, district A, […] Father JUDGMENT

Section 95 and 75 Y.P.A. chap. P-34.1 R.S.Q. [ 1 ] The Court is seized of a petition under

Section 95 YPA aiming to extend a decision rendered on August 3, 2009 in which the Court ordered that X, born on […], 1999, be entrusted to his father and that different measures of help be provided to his family for a period of 18 months. This day, the applicant still requests that the Court entrust the child to his father with different measures of help. [ 2 ] The parents and the child are present and represented by their respective lawyer. The parents admit all the allegations and agree with the recommendations.

The child ignores allegations, says that he wishes to stay in city B with his father, but would like to visit his mother more often. [ 3 ] On August 3, 2009, a Court order was applied to ensure X’s protection, mainly in regard to

Section 38 e) 2 o YPA (situation in which the child runs a serious risk of becoming the victim of bodily injury – by his mother), and b) 2 o (situation in which there is a serious risk that the child’s parents are not providing for the child’s basic needs – drug and alcohol addiction on the mother’s part). [ 4 ] Since then, the mother has made tremendous improvements in her life. She has stopped drinking, works, and has a house in city C. She has worked very hard on controlling her anger.

However, the parents still have communication problems, which can bring some conflicts mostly when exercising their visiting rights. [ 5 ] The child attends school in city C where he is doing better, but he still needs some additional help. However, the father seems to be taking it under control and he is aware of the services that school can provide for his son if necessary. Since lately there has been no violent episode between the parents, X feels safe and secure.

He does miss and love his mother, but his stability over the past years has been with his father, his friends and the community’s members. [ 6 ] The applicant states in her revision report that: The mother has worked on her authority figure with her other son, but this also assists her with X. She accepts all the help we can provide for her with the child. She is very collaborative in this sense. She wants things to be better for her son and she believes that X deserves parents that can get along with each other. The only thing that the mother needs to do is to maintain her skills that she acquired.

[ 7 ] Considering the admissions of the parties, the different testimonies and the revision report on the child’s situation, it is in his interest prolonging the last decision for another period of 14 months. FOR THESE REASONS, THE COURT: GRANTS the petition ; MAINTAINS that the security and the development of X are in danger; PROLONGS all the measures ordered on August 3, 2009 that are still pertinent for a period of 14 months; ORDERS that the mother’s access rights be as follow: • every second weekend, • every professional development days (PD days), • half of the March break following a

schedule prepared by the Centre jeunesse that both parents should respect, • four consecutive days at Easter, Christmas or New Year 2011-2012 , alternate holidays between the mother and the father, ORDERS that both parents meet with the petitioner and that mediation be provided to them to resolve their conflict; ENTRUSTS the child's situation to Director of Youth protection who shall see that the measures are carried out; ORDERS any peace officer to collaborate for the purpose of executing this enactment, if requested. __________________________________ MARC E. GRIMARD. J.Q.C.

M e Julie Lemire Counsel of the applicant M e Jean-François Lacasse Counsel of the child M e Imane Kamal Counsel of the father M e Sylvie Gourd Counsel of the mother Date of hearing: March 28, 2011