2021 QCCQ 2812, 2021 QCCQ 2812

Protection de la jeunesse — 211096 2021 QCCQ 2812 COUR OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »

N° : 505-41-009781-198 DATE : March 9, 2021 ______________________________________________________________________ PRESIDED BY THE HONOURABLE JUDGE FRANCINE GENDRON ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -et- X , born on [...], 2013 Child -et- A , Mother -et- B , Father ______________________________________________________________________ JUDGMENT Section 95 (1) & (3) 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 applies for a revision of the Court order rendered on March 12, 2020 by Judge Lyne Morin in regards of the child. [ 2 ] On this date, an agreement intervenes between the parties stating mainly that the chid is to be entrusted to the mother and that the supervision of the contacts between the child and the father will be lifted. [ 3 ] There is an agreement between the parties to proceed on fast track. [ 4 ] Confirming having received and taken cognizance of the Revision of the Court Decision dated February 10, 2021 and of the Court Report prepared by [Social Worker 1] and signed on January 28, 2020, the parents recognize that the security or the development of the child remains compromised and consent to the measures recommended in the Director’s application. [ 5 ] From the documentary evidence, the Court retain the following facts : [ 6 ] Since the last Court order, both parents have been quite proactively involved in the mediation meetings.

The parents have demonstrated that they have learned to work in co-parenting. [ 7 ] X is invited to some of those meetings to allow her to have an up close view on her parents and the work they are doing together. When present X is able to speak to her parents about what her needs are. [ 8 ] In addition to the mediation meetings, the parents participated in the family therapy session along with the child. [ 9 ] Individual psychotherapy is also provided to X.

This follow-up seems to be effective in allowing her to have a neutral space that can be used to express her opinions and talk about issues she may find important to discuss. [ 10 ] As to the contacts, the Director was able to see an improvement of the opinion of the child towards her father but since the Holidays, the child starts to refuse to see him again. [ 11 ] The mother encourages her daughter to continue the contacts with her father and the child agrees.

[ 12 ] The signs of anxiety of the child disappears due to parental consistency and co-parenting abilities. Nevertheless, X is still rather quick to mention negative aspects about her father and the contacts she has with him. [ 13 ] The Court agrees with the Caseworker when he states the following regarding the needs of the child [1] : This child has been exposed to parental conflicts and disagreements from a young age and is now dealing with the repercussions.

Her bound with the father is only recently being rebuilt and a lot of work is needed to improve it to a point where she can accept the contacts with little or no concerns. It is essential for her to have access to both parents but also very important that she receive permission from both parents to transition between the two milieu.

X is no longer as vulnerable as she was a few years ago and she is beginning to figure out and make her own ideas on who her parents are. [ 14 ] Both parents have been working hard to maintain a cohesive and stable co-parenting relationship for their daughter, but there is still work to be done mainly because they do not fully trust each other.

There are still issues that must be worked on and that X may be exposed to. [ 15 ] Hopefully, the parents recognize that they still need support and accept to continue to collaborate with the services put in place by the Director. [ 16 ] Considering the above, the Court finds that the situation adduced in evidence gives rise to protective measures.

FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the present application; [ 18 ] DECLARES that the security and the development of the child X are still in danger; [ 19 ] REVISES the Court order rendered on March 12, 2020, in the present file; [ 20 ] ORDERS that the child be maintained with her mother; [ 21 ] ORDERS that the contacts between the child and her father be following an agreement between the parties; [ 22 ] ORDERS that the child and her parents take an active

part in the application of the measures ordered, particularly in the intervention plan; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 24 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment; [ 25 ] THE WHOLE , for a period of six months. Signed on March 18, 2021 __________________________________ Francine Gendron, J.C.Q. M e Marie-Christine Tropper Attorney for the D.Y.P. M e Marie-Josée Gingras Attorney for the child M e Alexander Carin Attorney for the mother M e Leila Sadeg Attorney for the father Date of Hearing : March 9, 2021