2020 QCCQ 6466, 2020 QCCQ 6466

Protection de la jeunesse — 205849 2020 QCCQ 6466 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-006328-200 760-41-006327-202 DATE: July 30, 2020 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on [...], 2010 Y , born on [...], 2012 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant and.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection seeks the application of protective measures for 9 months in regards to the siblings X and Y, stemming essentially from their parent’s persistent separation conflict. [ 2 ] The parents, as well as the children’s attorney, recognize the issues which are the foundation of the situation of endangerment and subscribe to the orientation proposed. [ 3 ] Analysis and decision [ 4 ] The children reside primarily with their mother since their parent’s separation in 2018.

They see their father, but these contacts can be irregular. [ 5 ] Before their separation, there were instances of physical violence to which the children were witness. X still has vivid memories of these situations. [ 6 ] Conflicts are ongoing between the parents since their separation. Their communication is dysfunctional. They mutually blame the other for the situation. As a consequence of this, there is little co-parenting, especially as concerns parental time, organization, structure and routine.

The children suffer from this chronic lack of constancy and coherence. [ 7 ] For various reasons, the parents have not as yet undertaken steps to finalize the issues stemming from their separation, whether this be as to their parental roles or on pecuniary aspects. Their failure to do so contributes to maintaining mutual recriminations and frustrations. [ 8 ] This situation affects the children on a myriad of levels and constitutes a situation of endangerment. [ 9 ] X is particularly affected by his family situation.

His behavioural issues (outbursts, anxiety) are affecting his functioning both at home and at school. Both parents recognize to reacting strongly to such. Y is more resilient, showing no signs of developmental issues. [ 10 ] This is the second instance of services in regards to the family dynamic, voluntary measures having been applied from February 2018 to January 2019. [ 11 ] The parents are collaborative and acknowledge that the family situation is unhealthy for their children. They agree that

professional help could be beneficial, as they have been unable in the past to improve the situation. [ 12 ] Since the Director’s intervention, some positive steps have already been undertaken. With assistance, the parents were able to come to an agreement as to the modalities of the father’s contacts.

Their communication is calmer and more respectful. [ 13 ] After taking into consideration the parties' admissions as well as the documentary and testimonial evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and, furthermore, give rise to the measures sought. [ 14 ] The Court adds a recommendation to the effect that the parents participate in family mediation in order to further clarify the issues which continue to impede their abilities to co-parent effectively and respectfully.

FOR ALL THESE REASONS, THE COURT: [ 15 ] GRANTS the applications for protection; [ 16 ] DECLARES the security and the development of the children are in danger for the following reasons: • Educational neglect (article 38b)1)iii) Youth Protection Act ) • Psychological ill-treatment (article 38c) Youth Protection Act ) [ 17 ] ENTRUSTS the children in their maternal environment; [ 18 ] ORDERS that the contacts between the children and their father be following agreement between the parties; [ 19 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their children’s regard to put an end to the situation in which their security or development are in danger; [ 20 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 22 ] RECOMMENDS that the parents participate in family mediation services in view of settling their outstanding issues as former spouses and parents, the whole in the best interests of the children; [ 23 ] ALL THESE MEASURES for 9 months; [ 24 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Sarah Gaudry-Staub Attorney for the Applicant Me Stéphanie Castagnier Attorney for the children Date of hearing: July 30, 2020 Date of signature: August 14, 2020