BRITISH COLUMBIA
Provincial Court

BRITISH COLUMBIA - Provincial Court: J.T. v. British Columbia (Superintendent of Family and Child Service) [1994] B.C.J. No. 3109

FACTS:  The father sought the custody of his three children, each suspected of suffering from FAS.  The children were initially placed in the custody of the Superintendent as a result of their mother's inability to care for them.  However, the father initiated the proceedings following the death of the children's mother.  Despite their young age, the children were believed to be suffering from FAS, and other severe medical conditions, because prominent developmental delays were emerging.  However, no formal diagnosis was made. Dr. Eiriksen interviewed the children regarding which living arrangement they would prefer.  The physician concluded that the children were ambivalent and incapable of making such a decision.

HELD:  The application was dismissed, as the Superintendent was deemed to be best equipped to provide the children with the special care they required.