
The Settlement Conference in Youth Protection Cases
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The Court of Québec offers the parties involved in a youth protection case the possibility of resolving their dispute via a settlement conference.
WHAT IS a settlement conference ?
A settlement conference is a dispute resolution mechanism that allows the parties in a youth protection case (the Director of Youth Protection, the child and the child's parents) to discuss the situation and resolve their dispute outside the courtroom. It promotes more harmonious discussions between the parties in the interests of the child concerned, and ensures that the child's rights are protected.
IN WHAT TYPE OF CASES can a settlement conference be requested ?
A settlement conference can be requested in cases where, for example, the child has behavioural difficulties, or cases where the parents behave inappropriately, have an inappropriate lifestyle or neglect their child.
All the parties must consent to the holding of the settlement conference.
WHEN can a request for a settlement conference be made ? |
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A request for a settlement conference can be made at any point in the judicial process, but preferably before the case is heard in court.
HOW does a settlement conference work ?
The conference is held behind closed doors, using flexible rules that are designed to facilitate the resolution of the dispute.
The settlement conference is presided by a judge. The parties are present, and may be assisted by an attorney.
HOW MUCH does the service cost ?
The service itself is provided free of charge. However, if the parties are not eligible for legal aid, they must agree with their attorney on how much the attorney will be paid for attending.
HOW and WHEN does the settlement conference end ?
If, during the conference, the parties recognize the existence of facts that lead the judge to declare that the security or development of the child is in danger, the judge will ask the parties to move on to the second stage in the process, when the parties are given time to discuss the situation and draft an agreement containing measures applicable to their specific situation. If the agreement is in the best interests of the child and consistent with the principles of law, the judge will approve it, which gives it the same force as a court judgment.
If the conference does not resolve the dispute, no report is entered in the file and the case will be heard in court by another judge.
The judge, as well as the parties and their attorneys, undertake to respect the confidentiality of any information disclosed during the conference, except information that reveals the existence of another situation placing the security or development of the child in danger, or that reveals the commission of a criminal offence.
HOW to request a settlement conference ?
To request a settlement conference, the parties must complete the form "Joint request for a settlement conference", available on the Québec courts website, in the Court of Québec section, and also available at courthouses. It must be signed by all the parties, and sent to the clerk's office of the Youth Division at the courthouse concerned.
A party wishing to propose the holding of a settlement conference without having consulted the other parties may do so by writing to the clerk's office of the Youth Division at the courthouse concerned.
To see the operating rules
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