2015 QCCQ 19975, 2015 QCCQ 19975

Protection de la jeunesse — 157329 2015 QCCQ 19975 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 615-41-002041-159 and 615-41-002042-157 DATE: October 29, 2015 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2004 Y, born on [...], 2001 MR [INTERVENEER 1], in his quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A having a place of business at [...] in City A, District A, [...] Applicant and MRS A, residing and domiciled at [...] in City A, District A, [...] Mother and MR B, residing and domiciled in City B, District A Father ______________________________________________________________________ JUDGMENT (section 95 (2) YPA, CQLR c.

P-34.1 ) ______________________________________________________________________ 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 YPA). [ 1 ] The Court is seized of two applications asking to extend the decision rendered on March 26, 2015 by Honourable Judge Jean- Pierre Gervais.

The petitioner, Mr [interveneer 1], asks that the two children be entrusted to the mother for a period of one year, a social follow-up for the whole family for the same duration and the supervision of the father's contacts by the Director of Youth Protection. [ 2 ] Both parents are present at the hearing. The children, present, are represented by Me Sylvie Gourd and Me Tania Bélanger represents the petitioner. [ 3 ] Even if they admit many allegations, the children disagree with the recommendations. They want to go and live with their father.

The father admits most of the allegations and also agrees to assume the children. [ 4 ] The mother makes many admissions and agrees with the recommendations. [ 5 ] The evidence is completed with the testimonies of the mother, the social worker, the father and the child Y. A revision report is filed. [ 6 ] Following the agreement and judgment, the children were entrusted to the mother for six months and supervision was provided to the father while visiting his children. [ 7 ] The father offered a very minimal collaboration in the social follow-up between March 26 and May 5, 2015.

He was only requesting contacts with his children. Since May, the father stopped collaborating in the social follow-up. Consequently, it is impossible to verify if he received medical and mental health services as it was recommended. [ 8 ] At the end of June 2015, the petitioner was informed by the children that their father moved in City B in the beginning of June. Mr [interveneer 1] tried to locate him in the community and to contact him, but it has been unsuccessful. [ 9 ] From March 20 until June 2, 2015, the father had a follow-up with the Centre Normand. They met nine times.

He would still beneficiate of the follow-up as mentioned by Mrs Baribeau. [ 10 ] During that period, the mother had financial difficulties, and despite, the father did not contribute financially for the maintenance of the children. Only, his girlfriend intervened and sent them some clothing. [ 11 ] The mother offers a good collaboration to the social worker and displays adequate parental capacities and skills. She is well

aware that the children want to go and live with their father. They missed him a lot over the last months. Since the parents are separated, the children always stayed with their father except for the last year. She knows the father's spouse and she trusts both of them. [ 12 ] But it is revealed by the father that he and his spouse would beneficiate of a detoxification and marital therapies. He is planning to leave for therapy in October. He was hospitalised last February for suicidal thoughts. He would need a psychological follow-up. Such therapy is available in his community.

The children are aware of all his problems. [ 13 ] The children are attending school at Golden Valley in City A and are doing fine. They denounced the mother's absence from home. She often slept at her boyfriend's place and the children missed her. Even if they are attached to her, they would prefer to live with their father. They are often worried by his mental situation. They would accept to move in City B for living with him even if they do not know the community. [ 14 ] The mother is very concerned by her children's situation.

She acknowledges that because of her personal serious problems, she left the children with the father in the past. Now, she is stabilised and has the capacities to look after them.

She wishes that the father settles his problems and get involved with his children, first by visiting them regularly. [ 15 ] Considering the acknowledgment made by the father of his own problems, the one of his spouse and their wish to attend therapy in a next future; [ 16 ] Considering the involvement of the mother, her parental capacities, her wish to modify her absence from home and her good collaboration; [ 17 ] Considering the children's evolution with their mother and at school; [ 18 ] Considering that the children want to have regular contacts with their father and want him to settle his depression, his abuse of alcohol and his impulsivity; FOR THESE MOTIVES, THE COURT: [ 19 ] GRANTS the petitions; [ 20 ] DECLARES that the security and development of X and Y are still in danger; [ 21 ] ENTRUSTS the children X and Y with the mother until the end of school, June 2016 (9 months); [ 22 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and their parents for a period of one year; [ 23 ] ORDERS the Director of Youth Protection to supervise the visit rights and access of the father with the children (set a calendar of the visits and contacts); [ 24 ] ORDERS the father to meet with a psychologist for an evaluation and a follow-up for the duration required by the psychologist; [ 25 ] ORDERS the father to attend a therapy for his alcohol addiction and a follow-up for the duration required by the professional; [ 26 ] ORDERS the father to collaborate and meet regularly the social worker in City B who will be assigned to him; [ 27 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Tania Bélanger Attorney for the applicant Me Sylvie Gourd Attorney for the children Date of hearing: September 14, 2015