2019 QCCQ 11973, 2019 QCCQ 11973

Protection de la jeunesse — 192647 2019 QCCQ 11973 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 140-41-000580-199 DATE: July 24, 2019 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2018 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT (rectified) ______________________________________________________________________ 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 of000fence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] Considering the judgement render on April 16, 2019; [ 2 ] Considering the error appearing in one of the conclusions.

WHEREFORE, THE COURT : [ 3 ] CORRECTS the judgement pronounced on April 16, 2019 to amend paragraph 32 to read as follows: [32] TAKES ACT that the parents agreed to the following contacts (possible modifications could occur): • From mid-May to the end of May 2019 - Wednesday from 9 am to 1:30 pm - Saturday from 9 am to 5 pm • Starting at the end of May 2019 - Wednesday from 9 am to 1:30 pm - From Saturday at 9 am until Sunday 12 pm (noon) - Except on Father’s Day it will be until Sunday 5 pm • Starting mid-July 2019 - From Wednesday 9 am to Thursday 9 am - From Saturday 9 am to Sunday 5 pm • The mother will have the child every last weekend of the month. • The exchange of the child will be at “Mayson lodge”.

__________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Myriam Dufresne for the applicant Me Mylène Murray for the child Me Marlène Ferguson for the mother Me Danny Genois for the father Protection de la jeunesse — 192647 2019 QCCQ 11973 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 140-41-000580-199 DATE: April 16, 2019 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2018 Child -and- A -and- 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 of000fence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [1] The director of youth protection (DYP) asks the Court to declare that the security and development of the child is in danger because of psychosocial ill-treatment (parental conflict).

[2] At the hearing, the parents are present and duly represented. The father generally admits the facts. Regarding the mother, she admits most of the facts but denies a few of them. Nevertheless, they agreed with the recommendations of the DYP. Moreover, they consent to the filing of the reports to value the testimony of the authors. [3] The child is absent but duly represented. Counsel for the child expresses her consent with the measures proposed by the DYP, as well as the filing of the reports to value the testimony of the authors. [ 4 ] The parents were in a relationship from the fall 2015 to October 2017.

The child was born on [...], 2018. [ 5 ] On October 18, 2018, the DYP got involved with the family after a report mentioned a situation of physical neglect. [ 6 ] Following the separation, the parents settled the custody of the child through the Superior Court. Full custody was granted to the mother with a right of access for the father. At the time, the mother was still breastfeeding the child. [ 7 ] The father blames the mother for many things including the child’s weight loss, inadequate hygiene and the presence of several dogs at her residence that might bite the child.

He also alleges that he witnessed the mother’s violent actions towards her older son. She also breaks objects when she is upset. Furthermore, the child is frequently babysat by the maternal grandparents or going to places he should not be at his age. Obviously the father keeps finding things to say against the mother and her environment in which his son evolves. [ 8 ] Although the father suspects the mother of not feeding the child properly, it turns out that the latter is in perfect health.

Certainly the child seems to have experienced a slowdown in weight growth but possibly related to the transition to solid food. However the situation has come to an end and his development is normal. [ 9 ] The father points out that the mother does not respond to his text messages when writing to her about their son. He walks around with a tape recorder in case the mother utters inappropriate words. [ 10 ] The father has contacts with the child. During these visits, he brings all the necessary material for the needs of the child. Currently the contacts take place in Town A since the mother is still breastfeeding.

The latter would like to receive the child at his home. [ 11 ] During the father’s visiting rights, the DYP makes surprise visits. He takes good care of him and he is acts appropriately with his son. A visit was done at the father’s residence, it shows that the place is clean and organized. His environment is adequate and he has all the equipment necessary to have his child. [ 12 ] Surprise visits are also made at the mother’s residence. The environment is adequate, though small.

Indeed the mother has four dogs, they are not aggressive according to her but they bark. [ 13 ] It is observed that the child smiles and he is curious. He likes to touch everything and grabs things. He currently eats solid food. The mother says that the father also gives him food but he never informs her of what he gives him. She worries about that aspect since the child is sometimes constipated, has a stomach ache or diarrhea. [ 14 ] She mentions that the father was verbally abusive with her. After their breakup, he told the DYP negative things about her like: she is depressed, exhausted and violent at home.

When the father is around her, she is nervous. She wants the child not to be affected by their parental conflicts. [ 15 ] The mother demonstrates some aggressiveness towards the father. One time, she even threatened to call the police because the father brought the child back late. She has to manage her emotions and also try to modify her attitude. It is not only the father’s responsibility to do so but also hers. [ 16 ] The relationship of the parents is conflictual. They cannot speak normally and their exchanges are far from being harmonious.

According to the mother, the father only thinks of revenge. [ 17 ] The parents do not communicate together. Even during visits to the child’s doctor, the tension is palpable between the parents. [ 18 ] When they meet with the DYP, parents are reminded of the fact that they have a major conflict and that they must change their attitude and behavior if they want to resolve their problems.

They have to protect their son from the foreseeable and serious impacts related to their persistent conflicts. [ 19 ] Clearly, the parents don’t trust each other and it is difficult to work with them because their versions of the facts differ constantly. Both parents put a lot of emphasis on criticizing each other instead of working together. However, both parents agree that they want to protect their son from conflict and offer him stability. [ 20 ] The father admits that he needs to work on his reactions and to try to keep calm during the exchanges.

On the mother’s part, when asked what she could change, she does not know. She admits that she is really protective towards her child. [ 21 ] The lack of communication between the parents forces the DYP to intervene, to set up contacts such as the Christmas holidays. Even if the mother shows improvement regarding the exercise of rights of access by the father, there is still much work to be done.

During meetings with the DYP, the tension between the parents is noticeable. [ 22 ] Even if the parents indicate that they want to work on their conflict, in fact, nothing seems to really improve since they are not able to communicate with each other at this point. There are still reluctant and they still blame each other. [ 23 ] The parents have inappropriate discussions in the presence of the child. Instead of helping each other, for the child’s interest, they fight or they insult each other. Furthermore, the parents have a history of separation engendered conflict.

They will have to modify their attitudes in order to enhance their communication and protect the child from their conflict.

[ 24 ] Both parents are able to care for their child and take care of his needs. They love their child but they will have to make real efforts to end their disagreement in order to have a more harmonious relationship. The way they act right now puts the child in a stressful position. His psychological integrity is sometimes endangered when he witnesses his parents ’discord. In these instances, he cries and he is disturbed. [ 25 ] Even if the parents admit their conflicts could affect their child, they do not recognize their share of mistakes and what they must change.

Basically they must work on their attitude, communication and behavior. [ 26 ] The Court agrees with the DYP’s position, where the father’s rights of access should be increased to allow him to develop a significant bond with his son and to develop his parental skills. However, in the process we have to consider the child’s needs and his routine. [ 27 ] The evidence demonstrates that the security and development of the child are in danger. Considering the admissions and consent of the parties, the application is well founded. The suggested measures appear to be in the best interest of the child.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 28 ] GRANTS the application for protection; [ 29 ] DECLARES that the security and development of X are considered to be in danger according to

section 38

c) of the Youth protection Act ; [ 30 ] ORDERS that the child be entrusted to her mother; [ 31 ] ORDERS that contacts between the child and his father, Mr.

B, take place upon agreement between the parties; [ 32 ] TAKES ACT that the parents agreed to the following contacts (possible modifications could occur): • From mid-May to the end of May 2019 - Wednesday from 9 am to 1:30 pm - Saturday from 9 am to 5 pm • Starting at the end of May 2019 - Wednesday from 9 am to 1:30 pm - From Saturday at 9 am until Sunday 12 pm (noon) - Except on Father’s Day it will be until Sunday 5 pm • Starting mid-July 2019 - From Wednesday 9 am to Thursday 9 am • The mother will have the child every last weekend of the month. • The exchange of the child will be at [House A]. [ 33 ] ORDERS that the parents avoid exposing X to their separation conflict; [ 34 ] ORDERS that the custody exchanges take place in a neutral environment; [ 35 ] ORDERS that the parents collaborate actively to all the services required and those provided by the Director of Youth Protection; [ 36 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until December 31 st , 2019; [ 37 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Myriam Dufresne for the applicant Me Mylène Murray

for the child Me Marlène Ferguson for the mother Me Danny Genois for the father Written judgment filed on April 25, 2019