2021 QCCQ 14716, 2021 QCCQ 14716

Protection de la jeunesse — 218337 2021 QCCQ 14716 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] «Youth Division» N° : 505-41-010310-201 DATE : February 19, 2021 ______________________________________________________________________ PRESIDED BY : THE HONOURABLE 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 [...], 2015 Child-respondent -and- A Mother-respondent -and- B Father-respondent ______________________________________________________________________ J U D G 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 (Director) presents an application for protection in the matter of the child X , born on [...], 2015. [ 2 ] The Director alleges that the security and the development of the child are in danger for reason of being subjected of psychological ill-treatment from his parents. [ 3 ] The Director recommends as key measures that the child remain with his family with a social follow-up for one year.

Position of the parties [ 4 ] The parents acknowledge that the security and development of the child are in danger for the reason alleged by the Director. They are in agreement with the measures sought to correct the situation. [ 5 ] The child’s lawyer is acting under a legal mandate. After hearing the evidence, she agrees with the conclusions of the application. Analysis [ 6 ] The evidence reveals that the parents live apart since December 2018, although they have never been a couple. The mother has

always been the primary caretaker of the child. [ 7 ] The child’s custody has never been established by a Superior Court judgment. The mother intends to petition that Court in a near future and claim his custody. [ 8 ] The parents entertain a highly conflictual relationship. The child is fully aware of the conflict, since he hears them arguing (yelling, name-calling and vulgar language) almost every time they meet.

Sadly, he says that such has been the case as far as when he was in his mother’s belly. [ 9 ] Police record reports three incidents between September and December 2018, one in January 2019 and one in November 2020. [ 10 ] The parents know that it is detrimental for the child well-being to be exposed to their ongoing conflict. Yet, they can’t refrain from fighting in front of the child. Each parent is convinced that other parent is responsible for this unhealthy situation. [ 11 ] The mother is suffering from serious illness.

She is overwhelmed with all she’s going through and feels depressed. [ 12 ] On a positive note, the parents are opened to partake into co-parenting sessions. [ 13 ] Also, the child’s, even after being exposed to his parents’ ongoing conflict, is still functioning well in school.

Nevertheless, he can say specific things to favour is relationship with one or the other parent, which reveals that he is already struggling with a loyalty conflict. [ 14 ] The Court concludes that the security and development of the child are in danger for reason of being subjected of psychological ill-treatment from his parents. [ 15 ] The Court urges the parents to take the necessary steps and use the proper mean to avoid exposing their child to their conflicts. The parents have to learn to be respectful toward one another and make agreements in the best interest of their child.

They must ensure that the child has the right to love and feel well with both parents. [ 16 ] After having received the admissions, taken the reports produced and the testimonies heard into consideration, the Court concludes that the security and the development of the child are in danger and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and the development of the child X are in danger for the following reason: ➢ 38 c) : psychological ill-treatment; [ 19 ] ORDERS that the child remain with his family; [ 20 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which the security or development of the child are in danger; [ 21 ] ORDERS that the child and his parents take an active

part in the application of the measures ordered; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 23 ] RECOMMENDS that the parents go through a mediation process under the responsibility of the Director of Youth Protection; [ 24 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the measures ordered; [ 25 ] THE WHOLE for a period of one year. ________________________________ Mario Gervais, J.C.Q. M e Veronique Crête Attorney for the D.Y.P. M e Myriam Couillard Attorney for the child M e Patrick Cormier Attorney for the mother Date of signature: March 8, 2021