2019 QCCQ 11977, 2019 QCCQ 11977

Protection de la jeunesse — 192651 2019 QCCQ 11977 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 140-41-000584-191 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 offence 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 according to sections 38e) 2 o and 38c) of the Youth protection Act , notably because of a serious risk of physical abuse and psychological ill-treatment. Her siblings are also subject to the same type of procedure. [ 2 ] At the hearing, the parents are present and assisted by a lawyer.

They have basically the same position and they agree with the recommendations of the DYP as well as the filing of the reports to value the testimony of their authors. The child is present and duly represented. Counsel for the child expresses her consent with the measures proposed by the DYP. [ 3 ] The parents have a child together but the father as well as the mother have other children born of a previous union. The mother has two children and the father has three.

The father’s children live with their mother, but he has access rights every second weekend. [ 4 ] The mother’s children report that the couple is often in conflict, especially regarding financial issues, and that their stepfather has no job. One of them considers that the latter has an anger management problem and he has difficulty in controlling himself and his reactions. W hen he gets angry, he screams and he swears at their mother but she answers back. [ 5 ] On February 7, 2019, one of their disputes became so huge that one of the children called 911.

At the time, all the children are present and they are all frightened of Mr. B/father’s reaction. [ 6 ] The father’s children took refuge in their room because they were really scared. Since then, they have not returned for visitation at their father’s. They were traumatized by the event they witnessed, which occurred on that day. This generates significant and serious consequences for all the children. [ 7 ] When the parents are fighting it is usually Y who takes care of X.

It is not the first time that a dispute breaks out between the parents but this time its intensity takes an inordinate scale. [ 8 ] The father denies several allegations appearing on the application. He explains his version of the facts concerning the events. He never touched Z neither did he pull his spouse by the hair, or did not throw the baby’s swing into the baby’s crib. However, he admits that the situation degenerated on February 7, 2019. Usually he does not have all the children during the week but only on the weekend but this week was an exception.

So that particular morning, he had the six children together and had to deal with them through the school routine, so he was in a hurry and stressed out.

[ 9 ] He recognizes that he and the mother often fight mainly because of money. He screams, becomes furious and persists but at no time is there physical violence. He can also be violent towards objects and to throw things. However, the mother also shouts after him. [ 10 ] The father takes steps to correct the problem. He mobilized himself and undertook meetings with [Organization A] to resolve his issues.

He admits that there is verbal violence within the relationship but in December 2018, he asked for help to deal with his anger management issues but nothing was put in place. [ 11 ] He recognizes, now, the impact of this situation on the children. He apologized to the children and he knows that this is not the way to behave in front of them. It is unfortunate that it has taken such an event for him to become aware of it. [ 12 ] At first, he seems to undermine the impact of the conflict on the children.

However, the testimony of the father is reassuring because he recognizes now his problem and does something about it. [ 13 ] The father has access rights to his young daughter and the visits go well. He takes good care of her and makes sure that she is safe. [ 14 ] As for the mother, she explains that she and the father often have conflicts over their financial situation. However, there is no physical violence between them only verbal. [ 15 ] Sometimes, she has trouble telling the father what she really thinks because he is often unpredictable and has intense reactions.

When a fight occurs she leaves the premises but he follows her where she goes, so the dispute continues. [ 16 ] She is aware that they must change the way they communicate together. The mother demonstrates her willingness to improve the situation and she wants to get involved in the services but minimizes the impact of the couple’s conflicts on the children. According to her, children are not exposed to their problems. [ 17 ] After the event, her child was entrusted to the mother without the presence of the father.

Several surprise visits have taken place in the mother’s home, it is clear that the mother respects the conditions imposed especially with regard to the supervision of contact with their common daughter. Despite her ability to do so, she finds it hard not to be with him. [ 18 ] Obviously, the mother puts her child first and is able to protect them against the father. [ 19 ] When visiting the parents’ home, it was noticed that the house is in poor condition. The bathroom on the first floor is dirty and the house generally messy. The crib of the child is in the living room.

Sometimes, there are smelly odours in the house coming from the large amount of garbage on the balcony. [ 20 ] The parents have financial problems, to an extent, that sometimes they are not able to feed all the children or even give them Christmas presents. This situation is at the origin of several discordances in the couple, as already raised. [ 21 ] Despite everything, the parents are aware of their difficulties and communication problems. The father recognizes his anger management problem and he is dealing with it.

It is worrisome that the other children of the mother assume a protective role with respect to her and to X during the couple’s conflicts. [ 22 ] Furthermore, we cannot ignore the seriousness of the situation and the acts committed as well as the important impact that this can cause the children, especially this vulnerable young girl. [ 23 ] 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: [ 24 ] GRANTS the application for protection; [ 25 ] DECLARES that the security and development of X are considered to be in danger according to sections 38e)2 o and 38c) of the Youth protection act ; [ 26 ] ENTRUSTS the child to her mother, in the exclusion of the father; [ 27 ] ORDERS that the contacts between the child and the father be supervised as long as deemed necessary by the DYP; [ 28 ] ORDERS that the parents avoid exposing their child to any kind of violence; [ 29 ] ORDERS that the mother implicate herself in personal services required by her situation, such as a psychosocial follow-up; [ 30 ] ORDERS that the father implicate himself in personal services required by his situation, such as services regarding anger management; [ 31 ] ORDERS that the parents collaborate actively to all the services required and those provided by the DYP; [ 32 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until November 30, 2019; [ 33 ] 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 Annie Dupuis for the child Me Mylène Murray for the parents Written judgment filed on April 26, 2019.