2015 QCCQ 12213, 2015 QCCQ 12213

Protection de la jeunesse — 152308 2015 QCCQ 12213 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-029322-153; 525-41-029324-159 525-41-029325-156; 525-41-029323-151 DATE : April 20, 2015 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X, born on […], 2003 Y, born on […], 2004 Z, born on […], 2005 A, born on […], 2008 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 38 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, 11.2.1 and 135 Y.P.A.). [ 1 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on April 20 th , 2015. [ 2 ] The Director of Youth Protection (the Director) seizes Court in the situation of the four children (aged 12, 10 ½, 9 ½ and almost 7 year old) alleging that their security and development are compromised due to psychological ill treatment as they are exposed to the conflicts of their parents.

The Director is asking that the children be entrusted to the care of their mother noting that all children visit with their father every weekend (except the teenage daughter who does not stay all weekend). [ 3 ] The mother admits certain facts alleged in support of the motion but denies screaming at the children on a daily basis, minimizing the children's behavioural problems and not implementing the recommendations of the educator.

Although the mother wishes for the intervention of the Director to come to an end, she agrees with the recommendations of the Director. [ 4 ] The father admits all the facts alleged in support of the motion. He supports the recommendations of the Director. He offers his collaboration, says that he is more than ready to help and state that he is open to participate in a mediation process with the mother.

[ 5 ] On behalf of all four children, their lawyer states the agreement of the children to the recommendations of the Director. [ 6 ] On behalf of Y, a request is made for the child to be allowed to participate in a sports activity. He would like to play basketball. [ 7 ] All three boys express their willingness to spend time alone with their father as it was discussed just before the audience amongst the lawyers. [ 8 ] On behalf of the teenage girl, the lawyer adds that things at home with the mother have improved but the relationship between her parents has to improve as well.

CONTEXT [ 9 ] The evidence reveals that the conflicts between the parents are ongoing and their communication is poor. [ 10 ] All four children suffer the impacts of the situation. [ 11 ] Following the assessment of the signalements received, an agreement on volonturary measures was signed on June 16 th , 2014. [ 12 ] Following the entente, the services of an educator were provided to the mother and the father. [ 13 ] All three boys act aggressively and misbehave at school. The children claim that their mother screams at them on a daily basis.

All four report being hit by siblings although none of them admit to be aggressive towards one another. [ 14 ] The teenage daughter describes being stressed by the conflicts opposing her parents. As a matter of fact, she is used as a go- between, asked to relay adult information that should be part of normal communication between separated parents. The adolescent is also asked to care for her siblings in the morning, getting them up and off to school. [ 15 ] The parents speak negatively about one another, at times in the presence of the children.

Both blame each other for whatever is not going right with the children. [ 16 ] The children usually spend the week days with their mother and weekends, from Friday nights to Monday mornings, with their father. [ 17 ] Under those circumstances, communication is key.

Unfortunately, the parents are not able to communicate effectively, blaming each other for not being reachable. [ 18 ] Despite the help offered since June 2014, the parents have been unable to establish a common routine, rules and consequences for the children. [ 19 ] The primary responsibility for the care, maintenance and education of the children rests with the parents.

It is their obligation and duty to exercise jointly their authority with coherence. [ 20 ] The Director has established the necessity to provide services to the family in order to help the parents resolve their issues and exercise their parental authority in a way that will no longer jeopardize the security and development of their children. [ 21 ] The recommendations of the Director meet the needs of the children and are in their best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 22 ] DECLARES that the security and development of the children are considered compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 23 ] ORDERS that the children be entrusted to the care of their mother; [ 24 ] TAKES NOTE that the children will have regular and ongoing contacts and visits with their father; [ 25 ] ORDERS both parents to collaborate with the Director of Youth Protection; [ 26 ] RECOMMENDS both parents to seek therapeutic support to address their personal issues; [ 27 ] RECOMMENDS both parents to explore the possibility to follow a mediation program or any program that could help them co-parent effectively; [ 28 ] ORDERS that aid, counsel and assistance be provided to all four children and their family for a period of one (1) year; [ 29 ] ENTRUSTS the situation of the children to the Director of Youth Protection A, who shall then see that the measures are carried out.

_________________________________ MARIE ARCHAMBAULT, J.C.Q. Me Edith Zavodni Attorney for the Director of Youth Protection Me Maria Choquette-Stuart Attorney for the child Me Josée Lefebvre Attorney for the mother Me Guy Luc Grondin Attorney for the father Date of hearing : April 20 th , 2015