2023 QCCQ 9819, 2023 QCCQ 9819

Droit de la famille — 232071 2023 QCCQ 9819 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-51-000503-237 DATE: November 7, 2023 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ A Father-Plaintiff -and- B Mother-Respondant -and- DIRECTOR OF YOUTH PROTECTION A Mise-en-cause ______________________________________________________________________ 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 parties are the parents of the child X, born on [...], 2018. [ 2 ] On [...], 2021, the Superior Court judgment grants the custody of the child to her mother with access to her father following mutual agreement (file no. [...]).

By the present proceeding, the father asks that the custody of the child be granted to him, with access rights for the mother following mutual agreement. [ 3 ] The child is the object of a judgment and pending proceedings in application of the Youth Protection Act .

The protective measures in conjunction with the parent’s respective efforts, have contributed to the rehabilitation of the situation of endangerment having justified the Director of Youth Protection’s involvement. [ 4 ] As such, the Director of Youth Protection declares its intention to withdraw its implication should the Court endorse the father’s custody and access application. [ 5 ] The child now resides with her father and is evolving well. She sees her mother regularly. [ 6 ] The parties submit an agreement, which corresponds to the evidence and the child’s best interests.

FOR ALL THESE REASONS, THE COURT: [ 7 ] GRANTS the application; [ 8 ] RATIFIES the agreement having intervened between the parents; [ 9 ] GRANTS the custody of the child to the father; [ 10 ] ORDERS that the mother will have access to the child be following agreement between the parties and in absence of an agreement, every other weekend; [ 11 ] THE WHOLE without cost.

__________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Éric Besner Attorney for the father Me Johanne Leduc Attorney for the mother Me Noémie Plante Attorney for the Director Date of hearing: November 7, 2023