2017 QCCQ 6384, 2017 QCCQ 6384

Protection de la jeunesse — 172954 2017 QCCQ 6384 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY [...] N o : 505-41-008673-172 DATE : May 18, 2017 ______________________________________________________________________ IN THE PRESENCE OF THE HONORABLE LYNE MORIN ______________________________________________________________________ [Social Worker 1], youth protection worker duly authorized by the Director of Youth Protection a Applicant -and- X born on […], 2010 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T

Article 38 of the Youth Protection Act ______________________________________________________________________ JM2505 CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whosoever contravenes this

article is guilty of an offence and is liable to a fine [ articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Court proceeds on a common inquiry in the situation of the children X (6 years old), Y (4 years old), Z (2 years old) and C (one year old). [ 2 ] T he Director of Youth Protection (the Director) petitions the Court with an Application for Protection. [ 3 ] The Director alleges that the security and development of the children are compromised because of psychological ill-treatment. [ 4 ] Today, the Director recommends that the children be entrusted to their mother for a period of six months and that the contacts with the father be following agreement between the parties and in the presence of a third party chosen by the Director, until his situation is assessed. [ 5 ] The mother and the children’s lawyer agree with the conclusions of the Director. [ 6 ] The father is absent.

The Director was unable to serve the proceeding upon him. At this time, his address is unknown. The mother has no contact number or address to serve him at the paternal grandmother’s domicile in Town A, New-York. [ 7 ] The Court dispenses the Director of the service upon the father because of those exceptional reasons and proceeds in his absence. [ 8 ] The parents have been a couple for the past ten years. [ 9 ] On April 14, 2017, the mother reports that the father assaulted and attempted sexual assault on her. [ 10 ] The mother states that she had gone out the previous evening with a friend.

When she returned home, the father attempted to sexually assault her when she was getting ready for bed. She tried to escape, but he dragged her back into her home.

[ 11 ] When the mother returned into the home, X, was standing in the kitchen. The mother brought her daughter into her bedroom and kept her in her room with her. [ 12 ] In the morning, when she awoke, the father was not home. She then noticed that her cell phone was gone, as well as keys to the vehicle, the remote for the gate fence, money and most of the identifications for both herself and her children.

In shock, the mother was sent to the hospital. [ 13 ] The mother reports that the father has had anger issues along with being jealous and controlling but was never physically or sexually abusive for the past ten years. [ 14 ] The mother has pressed charges against the father and will try to obtain full custody of the children through Superior Court in the near future. [ 15 ] The mother is presently living in the family home which she built with the father.

However, the home and the land and all possessions are solely in the father’s name. [ 16 ] The father has a warrant out for the event which occurred on April 14, 2017 and another one because he did not attend Criminal Court on April 21, 2017 regarding his arrest for high speed chasing. [ 17 ] The mother does not fear Mr. B returning to her home. She knows that he is afraid to go to jail, but she does fear Mr.

B running away with the children and never seeing them again. [ 18 ] The mother is collaborating with a support worker in regards of her anxiety and other personal issues. [ 19 ] The children evolve positively with their mother. However, they ask for their father and have been informed that he is receiving some help to get better. The children are unaware of the last incident between their parents. [ 20 ] Before scheduling contacts between the father and his children, he will have to meet on three occasions with the Director.

The social worker needs to assess his situation. [ 21 ] Given the admissions and the content of the report, the Court is satisfied with the evidence adduced regarding the allegations. The measures proposed are in the best interest of the children. FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the present application; [ 23 ] DECLARES that the security and the development of the child X are in danger in virtue of

Article 38c); [ 24 ] ORDERS that the child be entrusted to her mother; [ 25 ] RECOMMENDS that the mother follow through to obtain full custody of the child; [ 26 ] ORDERS that the contacts between the child and the father be following agreement between the parties and in the presence of a third

part chosen by the Director. Before scheduling the contacts, the father will have to meet with the social worker on three occasions; [ 27 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or the child’s regard to put an end to the situation in which the security or development of the child are in danger; [ 28 ] ORDERS that the child and the parents take an active

part in the application of the measures ordered; [ 29 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and the family; [ 30 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the measures; [ 31 ] THE WHOLE for a period of six months. __________________________________ Lyne Morin , J.C.Q. Me Karine Nantais Attorney for the Director of Youth Protection Me Hélène Robitaille Attorney for the child Me Kathleen O’Meara Attorney for the mother

Date of hearing : May 18th, 2017