2023 QCCQ 8546, 2023 QCCQ 8546

Protection de la jeunesse — 232771 2023 QCCQ 8546 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000966-236 614-41-000965-238 614-41-000964-231 DATE : MAY 3 rd , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2015 Y Born on [...], 2009 Z Born on [...], 2006 Children

and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the Cree Board of Health and Social Services A, working in Town A, Applicant and A Undeclared father for Y and Z And B Father of X and interested party for Y and Z Parents . JUDGMENT

Article 38 - Youth Protection Act [ 1 ] At the request and with the consent of all parties, the Court proceeds to a common hearing into the situation of the children. [ 2 ] The Director of Youth Protection (Director) applies to the Court asking that security or development of Z and Y be declared endangered under

section 38 (

c) of the YPA and in the situation of X to declare that his security and development are endangered under

section 38 (

c) and ( b ) (1) iii. of the YPA. [ 3 ] The Director asks the Court to order that Z and Y remain entrusted to Mr. B and to order that X remain entrusted to the mother. [ 4 ] The mother and Mr. B (father of

X) don’t contest reasons for compromission. They don’t contest the proposed measures, but the mother has reservations about X having contacts with his father and his partner. [ 5 ] The children are obviously in the middle of an important parental conflict having an impact on the children’s security and development. [ 6 ] The oldest son, Z, told the Court that even if the conflict is present and very real, he doesn’t see any negative impact on him. Although, he recognizes the parental conflict between Mr. B and his mother, but he explains he has developed ways not being involved in it.

He doesn’t want to listen to it, goes to his room. [ 7 ] Mr. B is recognized by the mother as being the biological father of Z and Y. Mr. B has assumed parental responsibilities towards the children. He continues to do so. Although, Z and Y have no paternal filiation. [ 8 ] Mr. B acts in the interest of both children. All parties accept that he be recognized as an interested party in the situation of each of the children, Z and Y. [ 9 ] The mother and Mr. B are separated for the past three years. [ 10 ] Z and Y live with Mr. B, his girlfriend, and his daughters. [ 11 ] The mother and Mr.

B continuously present a very negative image of the other parent on the children. They do not communicate

properly with each other, and the mother and Mr. B involved their children in their parental conflict. They also discussed their personal issues and their conflicts on social medias. [ 12 ] Mr. B’s girlfriend posted personal information on the mother on social medias. There is no collaboration and no positive communication between the mother and Mr. B and this affects the children. [ 13 ] The children are exhausted by the parental conflicts. They avoid going to the mother’s home to visit.

There has been no contact between the mother and her sons since December 2022. [ 14 ] The mother is willing to work with the social worker. [ 15 ] The children love both their mother and Mr. B, father of X. [ 16 ] Z and Y had decided to live with Mr. B. They want to be entrusted under his care. [ 17 ] [Social Worker 1], Youth Protection worker, in a report dated April 13 th , 2023 [2] , analyses the situation on the following terms: Considering that the parents are in conflict with their marital separation, it is clear that the children are psychologically affected.

The parents continue to blame each other's faults in not acknowledging their actions. The parents' issues with co-parenting, the conflict between them reflects on their children. The children have expressed that they are tired and embarrassed of their parents' altercations. It is recognized and recommended that the children receive psychological treatment for their own issues and past traumas. It would be helpful for the mother to receive psychological treatment as well, ail for because of the past traumas that she might be facing in her present life.

Past traumas might also be affecting her co-parenting relationship with the father. [ 18 ] It is crucial that the children have contacts with both parents who should be accompanied and supported by professional to resume positive communication with each other and to avoid presenting a negative image of the other parent to the children. [ 19 ] The children suffer from it. It must stop without any delay. [ 20 ] Z was enthusiastic that a

schedule of visits be prepared. Both parents should respect it. [ 21 ] Given the age of the children, the seriousness of the parental conflict, the position expressed by the oldest children, the needs of X to see his father without any condition coming from the mother, the Court concludes that the recommendations proposed are in the interest of the children. THEREFORE, THE COURT : [ 22 ] GRANTS the modified applications for Z and Y and the application for X; [ 23 ] DECLARES that the security and development of Z born on [...], 2006, Y born on [...], 2009 are endangered under

section 38 (

c) of the Youth Protection Act ; [ 24 ] DECLARES that the security and development of X born on [...], 2015 are endangered under

section 38 (

c) and 38 ( b ) (1) iii. of the Y.P.A.; [ 25 ] ORDERS that Z and Y remain with Mr. B; [ 26 ] ORDERS that X remain with his mother Mrs.

A; [ 27 ] ORDERS the mother to take all necessary means not to leave the child X without proper arrangements for supervision; [ 28 ] ORDERS the parents to ensure that the children are not exposed to any form of violence and/or persons under the influence of alcohol or drugs; [ 29 ] ORDERS the parents to remain sober at all times in the presence of their children; [ 30 ] ORDERS that the children receive psychological support for their own issues and traumas; [ 31 ] ORDERS that the parents seek psychological support for their own personal and anger issues; [ 32 ] ORDERS supervised contacts between Z and Y and the mother; [ 33 ] ORDERS supervised contacts between X and his father as long as deemed necessary; [ 34 ] ORDERS that the parents meet the worker and the worker will present them a

schedule of visits that should be in the interest of the children and taking into consideration their wishes; [ 35 ] ORDERS that the parents fully collaborate with the Director of Youth Protection and meet with the worker upon request and advise the Director of Youth Protection of any changes of address and/or coordinates;

[ 36 ] AUTHORIZES the Director of Youth Protection be authorized to obtain and share information with service providers working with the children and family; [ 37 ] ORDERS that aid, counsel and assistance be provided to the family for a period of one year; [ 38 ] The whole until May 3 rd , 2024 ; [ 39 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection M e Marie-Josée Ayoub Attorney for the mother Father and interested party present, not represented M e Fanny Wylde Advocate for the children Date of hearing : May 3 rd , 2023 Last exhibit: D-3