2013 QCCQ 21016, 2013 QCCQ 21016

Protection de la jeunesse — 139402 2013 QCCQ 21016 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004497-130 760-41-004546-134 760-41-004545-136 760-41-004547-132 DATE: December 9, 2013 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X , born on […], 2003 Y, born on […], 2006 Z, born on […], 2009 A, born on […], 2009 Children DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- B -and- C JC0B11 Parents of the children

______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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. Whomsoever 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 Director of Youth Protection present motions for protection in regards to the siblings X, Y, Z and A, born respectively on […], 2003, […], 2006 and […], 2009 (twins). [ 2 ] The motions allege that the security and development of the children are in danger in reason of psychological ill treatment, stemming from an ongoing parental conflict.

The Director recommends the application of protective measures until August 30, 2014, notably that the family receive aid and support in view of permitting the children to develop harmoniously in both their parental environments. [ 3 ] The parties consign their admissions to the Court file and declare being in agreement with the measures. [ 4 ] Analysis and decision [ 5 ] The parents separate in December 11, 2011 and share the custody of their four children. [ 6 ] The parent's separation is arduous, punctuated by significant conflict and episodes of violence.

Following their separation, the parental relationship continues in this vein, resulting in their inability to communicate in a serene manner. Both transmit concerns in relation to the other's parental capacities and ability to properly see as to the children's needs. [ 7 ] The parents admit that their children are aware of their conflictual relationship and are torn between them. They recognize that the exchange is a particular moment of tension and potential conflict, to which the children are subject.

The children are aware of mutual denigration and recriminations, which have their source not only in the parent's verbalizations, but from other members of the reconstituted families. [ 8 ] The mother and the father's spouse also maintain tense communications, to which the children are often witnesses. [ 9 ] The Director evaluates the situation in January 2013, and concludes to a situation of psychological ill treatment in the case of X, upon whom impacts are observed (anxious, aggressive towards peers, defiance).

As a result, the parties sign an agreement on voluntary measures, for the application of protective measures.

The agreed objectives of the intervention are the following: • The parents will refrain from speaking negatively about one another in presence of the child; • The parents will not expose or discuss their conflicts with the child; • The child will not be questioned by either parent regarding his week with the other parent; • The child will benefit from a phone call once a week from the other parent; • The parents will work towards finding a method to communicate regarding their children, a communication booklet has been recommended; [ 10 ] Different tactics are put in place to shield the children from the parental conflict, to little avail.

The situation continues to degenerate, with the children serving as munitions in an increasingly vehement war between the two milieus. [ 11 ] X struggles with his loyalties. He vacillates as to where he wants to reside and shares his sadness and anxiety as to his situation. A and Z show regressive behaviours, namely in regards to their language and hygiene.

Y verbalizes being aware that his father doesn't like him visiting his mother and that he wants custody. [ 12 ] In July, the Director retains that the security and development of all the children are in danger in reason of psychological ill treatment. [ 13 ] On September 20, 2013, a judgment of divorce intervenes between the parties, taking act of their agreement on accessory measures. The said agreement provides that the parents share custody of the children, following specific modalities.

In November, the parties agree to revise certain modalities of the accessory measures as pertains to the children, while confirming joint custody. [ 14 ] The situation is presently improving. The implementation of a communication booklet and changes in the modalities of exchange of the children, shields them from the tensions still existing in the parent's relationship. The parents respect their agree-ment to not speak negatively about the other parent in the presence of the children. [ 15 ] The children benefit from these changes. X's behaviours improve both at home and at school.

He states appreciating that there is no more yelling nor fights in both his home environments, sentiment shared by his other siblings. [ 16 ] The evidence demonstrates that both parents are sincere in their wish to offer their children environments that promote their well-being. Notwithstanding, overcome by the emotional content of their dysfunctional relationship, the parents can become unavailable

to consider their children's best interests, namely, to maintain significant relationships with each of them and live in serene environments.

Until now, the parents have been unable to autonomously effectuate the changes necessary to shield their children from their conflicts. [ 17 ] Consequently, the Court determines that the parent's relationship impacts negatively on the children and constitutes a situation of psychological ill treatment, justifying the administration of protective measures. [ 18 ] The measures serve to protect the children from the negative impacts of their parent's separation conflict, while accompanying the parents to transition to a healthy and effective means of communication. [ 19 ] The Court endorses the recommendations of the Director of Youth Protection as to protective measures, which are the reflection of the children's best interests, while concurrently receiving the approval of the parties. [ 20 ] FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the motions for protection; [ 22 ] DECLARES that the security and development of the children are in danger in virtue of

article 38

c) of Youth Protection Act , namely psychological ill-treatment; [ 23 ] ORDERS that the children remain with their family on a shared custody basis (alternate weeks) and this, in conformity of the Superior Court order; [ 24 ] ORDERS that the parents refrain from speaking negatively of the other parent in the presence of the children and further PROHIBITS them from allowing any third party from doing so; [ 25 ] ORDERS that the children and the parents take an active

part in application of the measures ordered; [ 26 ] ORDERS that the medical cards travel with the children; [ 27 ] RECOMMENDS that the parents continue to make use of a communication booklet; [ 28 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the children and their family until August 30, 2014; [ 29 ] ENTRUSTS the situation of the children to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BEATRICE CLEMENT, J.C.Q.

Me Marianne Salin Gingras Attorney for the Petitioner Me Maria Battaglia Attorney for the father Me Karine P. Poissant Attorney for the children Dates of hearing: September 11 and December 9, 2013