2023 QCCQ 9032, 2023 QCCQ 9032

Droit de la famille — 231988 2023 QCCQ 9032 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-51-000108-233 DATE: October 31, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ In matter of: X born on [...], 2014 Child A Plaintiff v.

B Defendant and THE DIRECTOR OF YOUTH PROTECTION Impleaded party ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR SOLE CUSTODY ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The parties have lived together for several years and are the parents of three minor children, namely X, Y and Z. [ 2 ] The parties ceased living together three years ago. [ 3 ] The children have been the subject of protective measures since 2021, because they were submitted to psychological ill- treatment and neglect pursuant to

section 38 of the Youth protection act . [ 4 ] The director of youth protection (DYP) asks the Court to revise and extend a previous judgment and to entrust the children to the mother. At the same time, the mother submits applications for sole custody of the three children. [ 5 ] The father does not attend the hearing.

The DYP and children’s counsel both consent to the conclusions sought by the mother. [ 6 ] The application should be granted, for the following reasons. [ 7 ] On [...], 2021, the superior Court pronounced a safeguard order, and granted the mother custody of Y and Z, while granting the father custody of X. [ 8 ] Afterwards, the Court of Québec rendered judgments under the Youth protection act , entrusting the children to both parents following a shared custody.

However, the children have been entrusted to their mother on a full-time basis since November of 2022. [ 9 ] The father does not exercise any access to his children. He does not involve himself in the youth protection follow-up either. He speaks to the mother on very few occasions and rarely asks about their children. Moreover, he apparently still faces serious personal difficulties. [ 10 ] The mother can meet the children’s basic and special needs.

Her environment is free of violence. [ 11 ] As a matter of fact, granting sole custody to the mother will most likely put an end to the situation in which the security or development of the three children is in danger. [ 12 ] The evidence convinces the Court that the application is well founded.

FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application for sole custody; [ 14 ] ENTRUSTS the sole custody of the child X to the plaintiff; [ 15 ] GRANTS the defendant access rights to his child to be determined by agreement between the parties and in accordance with any other order in force in the Youth division; [ 16 ] THE WHOLE without cost. __________________________________________ JANICK POIRIER, J.C.Q. Me Marjorie Lepage for the plaintiff Me Jules Grenier for the child Me Joanie Bujold for the impleaded party Mr. B Defendant (absent) Date of hearing: October 11, 2023