2022 QCCQ 923, 2022 QCCQ 923

Droit de la famille — 22383 2022 QCCQ 923 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-51-000045-218 (X) 550-51-000046-216 (Y) 550-51-000047-214 (

Z) DATE: January 26 th , 2022 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ A Mother – Applicant v.

B Father – Respondant and THE DIRECTOR OF YOUTH PROTECTION A Impleaded Party and X, born on [...], 2015 Y , born on [...], 2009 Z , born on [...], 2011 Children – Impleaded Parties ______________________________________________________________________ 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 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 ] This case concerns X, Y and Z, the children of Mrs. A and Mr. B. [ 2 ] The Court is seized of motions for protection regarding all three children, in accordance with

Section 38 of the Youth Protection Act , which have yet to be settled by this Court. [ 3 ] The mother subsequently filed motions before this Court in accordance with

section 37 of the Code of civil procedure , seeking the custody of the children, with supervised access rights to be granted to the father. These motions are heard on the same day as the aforementioned motions for protection. This judgement only deals with the motions in accordance with

Section 37 of the Code of civil procedure . [ 4 ] Following discussions, the parties agree that custody of the children be granted to the mother and that the father’s access rights be supervised and determined by agreement between the parties. This resolves the main issue in relation to the motions for protection. [ 5 ] The motions are well founded and in the interest of the children. [ 6 ] THEREFORE THE COURT: [ 7 ] GRANTS the custody of the children to the mother; [ 8 ] ORDERS that the father’s access rights be supervised and determined by agreement between the parties;

[ 9 ] THE WHOLE WITHOUT COST. __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. M e Sophie Cadieux Counsel for the mother M e Annabelle Routhier Counsel for the father M e Marie-Christine Fournier Counsel for the children M e Arianne Ouellette Counsel for the Director of Youth Protection Date of hearing: January 26 th , 2022.