2018 QCCQ 19955, 2018 QCCQ 19955
Opinion
Protection de la jeunesse — 1811223 2018 QCCQ 19955 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005273-175 760-41-005272-177 DATE: October 19, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X, born [...], 2008 Y , born [...], 2007 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.
A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] The Director of Youth Protection applies for the revision and extension of protective measures in place in regards to the children X and Y in relation to elements of neglect in their maternal environment. [ 2 ] In virtue of the last judgment dated May 9, 2017, the Court entrusts the children to their maternal grandmother with various other measures of aid and support for one year.
As of April 2018, the father reintegrates this environment after a period of incarceration and assumes anew his parental responsibilities. [ 3 ] Although legal custody of the children is granted to the mother in virtue of a Superior Court judgment of [...], 2010 rendered by the Honourable [Judge A], J.S.C. (file no. [...]), they reside in their paternal environment since 2014 and are evolving well. [ 4 ] The mother resides in Town A, Quebec.
She has few contacts with her children and is little invested in the follow-up. [ 5 ] Concurrently to this proceeding, the father presents an application for child custody in virtue of article 37(3) of the Code of Civil Procedure . The Court renders a judgment endorsing an agreement having intervened between the parties. [ 6 ] The Director of Youth Protection submits that with the change of child custody, the security and the development of the children are no longer in danger.
The parties subscribe to this evaluation. [ 7 ] After evaluation of the evidence, the Court also comes to this conclusion. [ 8 ] FOR ALL THESE REASONS, THE COURT: [ 9 ] DECLARES that the security and the development of the children are no longer in danger. __________________________________ BÉATRICE CLÉMENT, J.C.Q.
Me Anne-Catherine Bujold Attorney for the Applicant Me Virginie Damien Attorney for the mother Me Maryse Fournier Attorney for the father Me Karine P. Poissant Attorney for the children Date of hearing: April 24, August 27 and October 19, 2018
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