2019 QCCQ 18927, 2019 QCCQ 18927
Opinion
Protection de la jeunesse — 196940 2019 QCCQ 18927 COURT OF QUÉBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] No: 505-41-009008-188 DATE: July 8, 2019 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE AUTHIER ______________________________________________________________________ [SOCIAL WORKER 1], person authorized to act on the behalf of The Director of Youth Protection A Applicant And X, born on […], 2002 Child And A Mother And B Father _______________________________________________________________________ J U D G M E N T
Section 95 of the Youth Protection Act _______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] This judgment confirms and reasons the order rendered on July 8, 2019. [ 2 ] The Director of Youth Protection filed an application for the extension of the order rendered on June 11, 2018. [ 3 ] Given the evolution of the situation, the Director is requesting that the child be entrusted to his father, taking judicial notice that the child will visit his mother on a regular basis and that a shared custody will be implemented depending on the adequacy of her home. [ 4 ] The child and his parents are agreeing to the measures proposed by the Director.
CONTEXT AND ANALYSIS [ 5 ] The child was entrusted to his father as of April 12, 2019. Although there is a few issues between the child and his father, the situation is secure enough to foresee the continuation of the measures. [ 6 ] Father and son are willing to pursue their involvement with the youth worker in order to maintain a conflict-free relationship. However, the child verbalizes that he is struggling with the pressure to fulfill his father’s expectations. [ 7 ] The father understands that his 17 year-old son is in need of more freedom.
He is therefore open to discuss this issue with the social worker and the child. [ 8 ] Mother has improved her situation, namely the adequacy of her residence, which was an issue in the past. [ 9 ] It is this Tribunal’s opinion that the security and development of the child are still in danger. [ 10 ] Taking into consideration the entered evidence, the Tribunal concludes that the child’s entrustment to his father’s is the most appropriate measure and the only one that best suits his interest. FOR THESE REASONS, THE COURT:
[ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and development of the child X are still in endangered; [ 13 ] EXTENDS the Court’s order rendered on June 11, 2018; [ 14 ] ORDERS that the child be entrusted to his father; [ 15 ] TAKE JUDICAL NOTICE that the child will visit his mother on a regular basis depending on the adequacy of her home; [ 16 ] TAKE JUDICAL NOTICE that a shared custody could be implemented conditional to the adequacy of mother’s home; [ 17 ] ORDERS that the child and his parents take an active
part in the application of the measures; [ 18 ] ORDERS that a person working for an institution or a body provide aid, counsel and assistance to the child and his parents; [ 19 ] FORBIDS the parents from denigrating to other parent in presence of the child; [ 20 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the present judgement; [ 21 ] THE WHOLE until February 29, 2020. __________________________________ Jean-Pierre Authier, J.C.Q. Mr Patrick-Olivier Mailhot Attorney for the Director of Youth Protection Mr Alexandre Germain Attorney for the child Parents nonrepresented Date of hearing: July 8, 2019
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