2015 QCCQ 21195, 2015 QCCQ 21195
Opinion
Adoption — 15430 2015 QCCQ 21195 JO0366 COURT OF QUEBEC CANADA PROVINCE DE QUÉBEC DISTRICT OF […] «Youth Division»
N° : 525-43-007006-154 DATE : August 18, 2015 ______________________________________________________________________ PRESIDED BY : THE HONOURABLE ANNE-MARIE-OTIS, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born on […], 2011 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Petitioner - and - A - and - B Defendants ______________________________________________________________________ JUDGMENT on Declaration of eligibility for adoption ______________________________________________________________________ WARNING: The judicial files respecting the adoption of a chid are confidential and no information that would allow the identification of the child, his parents, his tutor or the adopters may be published or broadcast, except as required by law (sections 815.4 C.C.P. and 582 C.C.Q.). ______________________________________________________________________ [ 1 ] The Court is seized of a Declaration of eligibility for adoption concerning the child X , born on […], 2011 , in City A, Quebec, Canada; [ 2 ] All procedures provided for by the law, having been duly executed, the Court proceeded to the hearing of the motion; [ 3 ] The mother and the father having been duly notified, made default to appear; [ 4 ] [Social Worker 2], Youth Protection Delegate, testified before the Court on August 18 th , 2015 and confirmed all the allegations contained in the motion; [ 5 ] Having examined the evidence, heard the person authorized by the Director of Youth Protection, the Court comes to the conclusion that the mother has not taken in hand the care, the maintenance and education of the child for the last six (6) months; [ 6 ] The presumption edited in
article 561 of the Quebec Civil Code , to the effect that it is unlikely that the mother will resume custody of the child and take in hand his care, maintenance and education, has not been overturned; [ 7 ] The Court finds that the child is eligible to be adopted within the meaning of
article 559 of the Quebec Civil Code ; [ 8 ] The declaration is in the interest of the child and respects his rights;
[ 9 ] FOR THESE REASON, THE COURT: [ 10 ] GRANTS the present motion; [ 11 ] DECLARES X , born on […], 2011 , in City A, Quebec, Canada, eligible for adoption; [ 12 ] DESIGNATES the Director of Youth Protection A to exercise parental authority in regard of the child X ; [ 13 ] DECLARES the Director of Youth Protection A legal tutor to the child until an Order of Placement for adoption is rendered; [ 14 ] ORDERS that the original birth certificate be withdrawn from the Court's file and returned to the petitioner; SIGNED IN CITY A __________________________________ ANNE-MARIE OTIS, J.C.Q.
M e Myriam Deblois Attorney for the Director of Youth Protection Judgment rendered verbally on August 18, 2015. AMO/mlm
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