BRITISH COLUMBIA
Supreme Court

BRITISH COLUMBIA - Supreme Court: Alec v. Peters [1997] B.C.J. No. 2603

FACTS:  The purpose of this trial was to determine who should have custody of Dylan.  Dr. Riegl, a pediatrician, had previously diagnosed Dylan as suffering from FAS.  Up to this point, the biological mother and sister shared custody of Dylan. Alec, the child's mother, now sought full custody.  Despite his deficits, Dylan was considered to be able to achieve a normal development, provided that consistency in his family life was established.  However, Alec had made plans to move to Vancouver. This eventuality was worrisome because changing environments could be detrimental for Dylan. 

HELD:  The judge ruled that the biological mother should be given custody of her child, provided that they remained in their current place of residence.