2021 QCCQ 5849, 2021 QCCQ 5849

Protection de la jeunesse — 212232 2021 QCCQ 5849 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” No: 455-41-001330-208, 455-41-001331-206 DATE: February 18, 2021 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF: X Born on [...], 2017 Y Born on [...], 2011 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A Applicant -and- A -and- B Children’s parents ______________________________________________________________________ JUDGMENT [1] ______________________________________________________________________ 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.).

Introduction [ 1 ] The Director is requesting that the Court declares the security and development of the children X and Y in danger regarding a situation of psychological ill-treatment. [ 2 ] As protective measures, the Director recommends that the Tribunal entrust the children to their mother, authorize supervised contacts with their father by a third party and according to the modalities set with the Director, along with other measures and a social follow-up for a period of one year. [ 3 ] At the hearing on February 18, 2021, the mother is present and represented by a lawyer.

She agrees with the recommendations of the Director. [ 4 ] The father is also present and represented by a lawyer, and agrees with the recommendations of the Director. His lawyer asks that the Director specifies what are the necessary elements to lift the supervision of the contacts between the father and the children. [ 5 ] The children’s lawyer, after hearing the evidence, agrees with the conclusions sought. Situation of compromission [ 6 ] Y is nine years old and X, three years old.

The parents equally share the children’s custody. [ 7 ] The parents separated on December 31, 2019, following a ten-year relationship.

[ 8 ] At the time, the mother decided to put an end to the relationship following an event when the father became violent towards her while having X in his arms. [ 9 ] The father then claimed he was the one who ended the relationship because the mother assaulted him. [ 10 ] The children often witnessed arguments or fights between their parents. [ 11 ] The children are currently caught up in the middle of conflicts between their parents. [ 12 ] The parents are very suspicious about each other and they want to prove that other parent is inappropriate. [ 13 ] On November 27, 2019, the evaluation led to founded facts regarding a situation of psychological ill-treatment by exposure to the parents’ conflict.

The file was closed because of the commitment of both parents not to expose the children to their arguments or fights. [ 14 ] On August 12, 2020, the Director retained a new report regarding a situation of psychological ill-treatment.

The father then stated that the mother was mentally unstable, irritable, aggressive and unpredictable. [ 15 ] He also added that he recorded their conversations, that she would do the same by hiding microphones and that she was harassing him. [ 16 ] On September 28, 2020, yet another event took place when there was a disagreement between the parents, this time regarding the child’s coat.

The mother went to the father’s place with the child who ended up being involved in the conflictual situation. [ 17 ] On October 5, 2020, the Director evaluated the report as founded on the motive retained. [ 18 ] In the evaluation report, it is stated that: • Materiality of the facts in regards to

Article 38 The report that was retained was in referral to a situation of psychological ill-treatment from the parents’ part. Considering that there is indeed a conflict between the parents, that each of their version is plausible, but also very different, that their versions give us a worrying picture of the reality, that the children are caught in the middle and that they were exposed to significant fights, in the past, we come to the conclusion that the facts are found. Even if Y did not confirm the current negative dynamic between her parents, we believe that it is a matter of time before she does.

X, for her part, may be doing well, but sooner or later, she will be impacted. This conflict takes a lot of place in Ms. A’s and Mr. B’s mind, and it is impossible to determine what the whole truth is. • Vulnerability of the child and the impact on his/her security and development We believe that Y and X are very vulnerable and that they have seen and heard too much for their young age. Y, in particular, gets very theatrical when questioned about her family. Both parents confirmed that she tends to do so when she gets stressed or shy.

Y and X will need a neutral space to be able to vent, if required. • Parental capacities Ms. A and Mr. B both love their children. Even if they try their best to communicate properly and avoid fights, especially in front of Y and X, they are very suspicious about each other and this will obviously have impacts on their children. Ms. A would like to do co- parenting, but the father would refuse. As a matter of fact, he does not want contact with her anymore.

We observed that the mother is capable of nuance regarding the father, but that for his part, it is much harder. [ 19 ] The orientation table occurred on October 16 th .

Everything seems to go well and the parents agreed that their conflict could affect the children. [ 20 ] However, later on, the father said he had proof to show to the delegate to demonstrate that the mother’s version of events was false as related in the reports. [ 21 ] During the month of October, the father alleged that the mother was sexually abused Y. [ 22 ] These allegations were investigated and deemed unfounded. [ 23 ] The father also alleged that the children were physically abused by the mother.

These allegations were also not founded. [ 24 ] The father maintained a discourse that the mother was not mentally fit to care for her children. [ 25 ] The mother’s doctor denied any such situation about her patient. [ 26 ] Even the doctor’s opinion could not appease the father. [ 27 ] The Director then decided to seize the Court. [ 28 ] Then, on November 16, 2020, an information was received that the father recently bought a gun. At the same time, the father said that if someone found him dead, he would not have committed suicide; but someone killed him and made it look like a suicide.

[ 29 ] The father was under an order of prohibition to be in possession of firearms. [ 30 ] Lately, the father appeared paranoid. [ 31 ] The delegate had also received many phone calls from the father related to situations and worries regarding the mother, that were not founded or that had already been discussed with the delegate. [ 32 ] The father said that the delegate and the doctor are manipulated by the mother. [ 33 ] As the parents share the custody of the children and that the children were to be with their father that week, the Director seized the Court to obtain a provisional order entrusting the children to their mother. [ 34 ] Such order was rendered on November 19, 2020.

At the hearing, the father agreed to be assessed for his mental condition. [ 35 ] Supervised contacts between the children and the father were authorized pending this mental health evaluation. [ 36 ] At the final hearing, the situation of compromission was demonstrated by the Director and both parents recognized that their conflicts impact their children who have been exposed to it.

Evolution of the situation [ 37 ] Following the provisional hearing, the father did consult with a doctor about his mental state. [ 38 ] The doctor said he was not completely disconnected with reality but that he was irrational. [ 39 ] The paternal grandmother confirmed that her son had been more paranoid in the last five months; he is scared to use his car, he set a camera in his apartment and feels he is being watched. [ 40 ] The doctor also prescribed sleeping pills and believes the father is suffering from a possible anxiety disorder. [ 41 ] The father had since been referred for a psychiatric assessment. [ 42 ] The father has also been consulting with his psychologist.

She mentioned that he is obsessed with his issues with the mother and his worries for the children in her care. [ 43 ] Since the provisional order, the children have had supervised visits with their father: four at the Director’s office and five at the father’s home. [ 44 ] The visits have been going well. The father offers good collaboration and he is able to concentrate in his children. [ 45 ] As the children were requesting more time with their father, the paternal grandmother supervised two Saturdays whole day visits. [ 46 ] In January, the father seemed to let his guard down.

He spoke about the mother and his concerns about her in the presence of the children on two different supervised visits.

The worker states that he was completely inappropriate during the visit on January 25, 2021. [ 47 ] He also gave the supervisor of the visit a letter in which he maintains that the mother is manipulating the Director, that she is a psychopath and that she hurts the children. [ 48 ] He also makes disparaging remarks about the paternal grandmother who he feels does not recognize the danger that the mother represents for the children. [ 49 ] Y was particularly mad at her father because he spent the entire visit speaking to the supervisor. [ 50 ] The delegate met with the father to address that visit.

The father was very careful about his words with the worker. He was invited to consult with his doctor again who met with him and said that he was connected to reality but still had delusions sometimes. [ 51 ] A second orientation table was held on February 8, 2021. [ 52 ] The parents were met separately. [ 53 ] The mother affirmed she wanted the children to keep seeing their father and that he has parental skills.

She is only worried about his state of mind and her own safety as well as the children’s. [ 54 ] The father acknowledged that he should avoid speaking about his worries and concerns in the children’s presence. [ 55 ] He partially recognized that he can be paranoid at times but also said that what he reported was the truth. The measures [ 56 ] The parents’ conflict is well embedded. It will take time for it to lessen. [ 57 ] The father’s state of mind is quite concerning and will still need to be monitored. [ 58 ] The lifting of the supervision will be conditional to the father’s mental state.

He will have to continue consulting with his

psychiatrist and his psychologist. [ 59 ] He will also have to collaborate and be respectful with the delegates. [ 60 ] He must refrain from making disparaging remarks against the mother or unfounded allegations. [ 61 ] The parents will eventually have to work to be able to have minimal respectful communications. [ 62 ] They will also have to listen and be aware of their children’s feelings and needs. [ 63 ] Y is also in need of psychological services which she must be provided for.

FOR ALL THESE MOTIVES, THE COURT: GRANTS partially the application; DECLARES that the security and the development of the children X and Y are in danger regarding a situation of psychological ill- treatment; ENTRUSTS the children to their mother; AUTHORIZES in the children’s favour, supervised contacts with their father by a third party determined by the Director of Youth Protection and upon the modalities determined by the Director of Youth Protection; AUTHORIZES the lifting of the supervision if the situation allows it and after consulting the professionals involved with the father; ORDERS that the child Y receives all the health and social services required by her situation; ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply to themselves or their children to end the compromising situation; ORDERS that the parents take an active and honest part to the application of the measures set forth to end the compromising situation, to the elaboration of the intervention plan and to the psychosocial follow-up; ORDERS that a person working for CIUSS A or any other establishment or body provides aid, counsel and assistance to the children and their family for a period of one year; ENTRUSTS the situation of the children X and Y to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Pascale Gauthier Counsel for the DYP M e René Sévigny Counsel for the children M e Érica Gosselin Counsel for the mother M e Élise Henderson Counsel for the father Date of hearing: February 18, 2021 Exhibits deposed: D-1 to D-5 Date of written judgment: April 30, 2021