2020 QCCQ 12214, 2020 QCCQ 12214

Droit de la famille — 202344 2020 QCCQ 12214 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-51-000344-202 DATE: November 30, 2020 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ A Applicant vs.

B Defendant 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 ] On [...], 2012, the Superior Court grants the custody of the child to her mother (Applicant), while providing the father (Defendant) regular access rights, as appears of the said judgment produced in evidence as exhibit P-3. [ 2 ] The child is the subject of protective measures following a judgment rendered on October 21, 2019, which provides that her contacts with her father be supervised in reason of the situation of endangerment. [ 3 ] The mother asks that the Court revise the father’s access rights in order to provide for supervision through an organization such as Le Petit Pont .

Although the father receives service of the application, he fails to appear. [ 4 ] The Director of Youth Protection as well as the attorney designated to represent the child, subscribes to the conclusions of the mother’s application. [ 5 ] In a separate proceeding, the Director of Youth Protection applies for the extension of the Court decision, in virtue of the Youth Protection Act . [ 6 ] The mother is protective and offers a stable environment for her child.

The father maintains contacts but remains little involved in the rehabilitation process. [ 7 ] The Court concludes that the application is in the child’s best interests as it confirms the status quo of the child’s situation while promoting the eventual end of protective services. [ 8 ] FOR THESE REASONS, THE COURT:

[ 9 ] GRANTS the application; [ 10 ] REVISES the father’s access rights; [ 11 ] ORDERS that the father’s access rights will be exercised upon agreement between the parties and supervised by a third party; [ 12 ] ORDERS that as long as the Director of Youth Protection applies protective measures, the father’s access will be determined following the terms of the judgment of protection.

Once the Director of Youth Protection ceases services, the supervision of the father’s access will occur by way of an organization such as Le Petit Pont ; [ 13 ] THE WHOLE without costs. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Annie Girard Attorney for the applicant Me Karine P. Poissant Attorney for the child Me Sarah Gaudry-Staub Attorney for the Director Date of hearing: November 30, 2020