2021 QCCQ 14687, 2021 QCCQ 14687

Protection de la jeunesse — 218321 2021 QCCQ 14687 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] «Youth Division» N° : 505-41-010078-204 DATE : July 5, 2021 ______________________________________________________________________ PRESIDED BY : THE HONORABLE MARIO GERVAIS J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A, Applicant -and- X, born on [...], 2016 Child-respondent -and- A Mother-respondent -and- B Father-respondent ______________________________________________________________________ J U D G E M E N T

Section 38 of the Youth Protection Act ______________________________________________________________________ WARNING : The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child's parents to be identified. Any person who contravenes this provision commits an offence and is liable to a fine. [sections 11.2.1 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (the Director) petitions the Court with a Motion for Protection, according to

Section 38 of the Youth Protection Act , in the matter of the children X , 5 years old and Y , 4 years old; [ 2 ] The Director alleges that the security and the development of the children are in danger for the following reasons: ➢ The children are subjected to psychological ill-treatment; ➢ The children run a serious risk of becoming the victim of physical abuse; ➢ The children are neglected on the educational level by their mother; [ 3 ] The Director recommends, as key measures, that the children remain with their parents, in shared custody, with a social follow- up for six months.

Position of the parties and litigation [ 4 ] The mother is absent. Her lawyer has been instructed to inform the Court that she agree to a shared custody of her children. All

the rest is left to the Court’s appreciation. [ 5 ] The father requests that the children be entrusted to him with regular access rights to their mother. That being said, he agrees with all other measures sought by the Director. [ 6 ] The children’s lawyer performs her duties under a legal mandate. At the end of the hearing, she is of the opinion that the evidence do not support a conclusion that the children run a serious risk of becoming the victim of physical abuse. The other motives are established by the Director. As for the measures, the children’s lawyer shares the father’s position.

Situation and Analysis [ 7 ] The Director is involved in the family’s situation since July 2020 to assess the situation and direct the family. [ 8 ] The parents have a conflicted relationship. The children are witnessing their parents arguing, yelling and denigrating each other, mainly during their exchanges. On one occasion, at the end July 2020, the situation escalated into a physical altercation between the parents.

The child were aware of this incident since they could hear it, but fortunately not see it. [ 9 ] The Director has assisted the parents making agreements and appease their relationship and establish a co-parenting, ultimately to no avail.

Apart from some periods of calm, the situation remains the same. [ 10 ] On September 10 th , 2020, the mother spontaneously decided to leave the children in front of the father’s residence. [ 11 ] Since September 16 th , 2020, the children are subjected to a provisional Court Order an order providing for them to be entrusted to their father with week-end visits with their mother from Saturday morning until Monday morning. [ 12 ] The Director has to personally supervise the children’s exchange that occurred at the station A. The mother is always late and does not abide by the agreements.

Children have to wait not knowing when she’ll be available. [ 13 ] More recently, when the mother is late, the father, the children and the Director move to the mother’s residence to ensure the children’s visitation. Still, the mother is often if not always asleep when they get there. [ 14 ] Also, the mother can tolerate that her partner react inappropriately to the children’s behavior. [ 15 ] The latest incident reported to the Court happened on April 8 th 2021 when the father wanted to get the children who were staying with their mother.

There was a verbal altercation between the father and the mother’s partner that needed the Peace Keepers intervention to end. [ 16 ] The Court concludes that the security and development of the children are compromised for reasons of psychological ill- treatment from the parents and parental neglect at the educational level from the mother. [ 17 ] With regards to the allegations of serious risk of physical abuse, the Court concludes that they are not supported by the evidence.

Therefore, these allegations are dismissed. [ 18 ] The situation requires that the children remain to the care of their father with regular visitations to their mother. The social follow-up and all other measures sought by the Director mainly aim at having the parents respecting each other and establishing a healthy co-parenting.

FOR THESE REASONS, THE COURT: [ 19 ] GRANTS partly the application; [ 20 ] DECLARES that the security and the development of the child X are in danger for the following reasons: ➢ 38 b) 1° iii : parental neglect on the educational level from the mother; ➢ 38 c): psychological ill-treatment; [ 21 ] ORDERS that the child be entrusted to her father; [ 22 ] ORDERS that the contacts between the child and her mother be following an agreement between the parties, and in the absence of an agreement that they take place from every Saturday morning at 9:00 o’clock until Monday morning when the child will be brought back to School A; [ 23 ] ORDERS that the Holidays are to be shared according to an agreement between the parties decided at the hearing; In the absence of an agreement, the scheduled days on and off determined at the hearing are to be maintained; [ 24 ] ORDERS that the child attend an elementary school of her parents’ choice; [ 25 ] ORDERS that both parents participate in their developmental assessments and IEPs if needed, and to follow recommendations given by professionals; [ 26 ] RECOMMENDS that the parents separately complete the Circle of security program offered through Center A, which is a one on one trauma-informed attachment parenting program;

[ 27 ] ORDERS that the parents and extended family do not denigrate each other or the workers involved in the presence of the child; [ 28 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 29 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 30 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform her of the current situation; [ 31 ] RECOMMENDS that the parents petition Superior Court for a custody and visitation agreement; [ 32 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the measures ordered; [ 33 ] THE WHOLE for a period of six months. ________________________________ Mario Gervais, J.C.Q.

M e Caterine Caron Attorney for the Director M e Hélène Robitaille Attorney for the child M e Gisèle Tremblay Attorney for the mother Date of signature: July 6, 2021