2021 QCCQ 6362, 2021 QCCQ 6362

Droit de la famille — 211468 2021 QCCQ 6362 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-51-000361-214 DATE: April 28, 2021 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ A Applicant v.

B Defendant 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.) [ 1 ] The Applicant applies for the custody of her children X (born on [...], 2018), Y (born on [...], 2017 and Z (born on [...], 2013), issued from her union with the Defendant. [ 2 ] The children are the subject of youth protection orders rendered by this Court, putting in place measures until September 21, 2021.

In view of such, the children are now entrusted to their mother. [ 3 ] The children’s access to their father remains the live issue, as custody is not contested. [ 4 ] Concurrently to the present application, the Court hears an application for partial revision of the protection order in regards to the father’s access. [ 5 ] After hearing the parties in a conjoined hearing, a judgment ensues clarifying this issue within the protective measures applied by the Director of Youth Protection. [ 6 ] The Court retains the relation required by law to found its jurisdiction as to the custodial application as the children now reside with their mother and this, following a period of placement. [ 7 ] Although the Director of Youth Protection remains involved, the children are evolving positively under her care. [ 8 ] A confirmation of custody and access will facilitate the eventual resolution of the Director of Youth Protection’s involvement.

FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the motion; [ 10 ] GRANTS the custody of Z, Y and X to their mother; [ 11 ] ORDERS that the father’s access be determined following the judgments of the Court of Quebec, Youth Chamber and if such are no longer in force, that the access be determined following agreement between the parents; [ 12 ] THE WHOLE without costs.

__________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Annie Girard Attorney for the Applicant Me Karine P. Poissant Attorney for the children Me Julie Langlois Attorney for the Director Hearing date: April 28, 2021 Date of signature: June 1, 2021