2022 QCCQ 8951, 2022 QCCQ 8951
Opinion
Droit de la famille — 222095 2022 QCCQ 8951 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Division » No: 760-51-000422-222 DATE: September 30 th , 2022 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE GILBERT LANTHIER, J.C.Q. ______________________________________________________________________ X Born on [...], 2012 A Mother-Respondent v.
B Father-Defendant -and- THE DIRECTOR OF YOUTH PROTECTION Mis-en-cause ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A .] [ 1 ] The mother asks the Court to give her the exclusive custody of her child X, born on [...], 2012. [ 2 ] The mis-en-cause, la Directrice de la protection de la jeunesse , in another file, presents an Application for revision and extention of a Court decision under
section 95 of the Youth protection Act. [ 3 ] The evidence revealed that the mother was the primary care giver since the birth of her son. [ 4 ] On January 17 th , 2022, a Judgment of the Court declares that the security and development of the child are in danger for the motive of psychological ill treatment, and consequently, the Court also orders that the child be entrusted to his mother.
[ 5 ] Since October 13 th , 2021, the father ceased communication and collaboration with the Director and also with the mother. Since that date he failed to have any contact with his son. [ 6 ] The mother is able to ensure the care, wellbeing and education of the child.
FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the present motion; [ 8 ] GRANTS the mother exclusive custody of the minor child, X ; [ 9 ] SUSPENDS the father’s access rights except upon agreement between the parties and supervised by an organism; [ 10 ] AUTHORIZES the mother to make all decisions regarding the minor child X, such as obtention of the child’s passport, choice of school, travel with the child, medical decisions, choice of child’s psychologist or any other professional required for the child, and sign alone the authorizations required in that regard without necessity of obtaining the father’s authorization; [ 11 ] THE WHOLE, without cost; __________________________________ GILBERT LANTHIER, J.C.Q.
Me Audrey-Anne Monière Director's attorney Me Ivan Caireac Mother’s attorney Me Stéphanie Castagnier Child's attorney Date of hearing: September 30 th , 2022
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