MANITOBA
Court of Queen's Bench

MANITOBA - Court of Queen's Bench, Family Division: E.J.T. v. P.M.V.P. [1996] M.J. No. 27

FACTS: Two parties submitted applications requesting the custody of E.  The parties in question were the father - who had had no previous contact with the child - and the child's aunt.  The aunt was aware that E.'s mother had consumed alcohol during her pregnancy.  As a result, she suspected the child suffered from FAS, despite the absence of a formal diagnosis. The aunt reported that E. was starting to show signs of FAS, and suggested that any changes in the child's environment would thus be detrimental.

HELD: The judge deemed that E.'s current environment was adequate, but noted that the father's presence could be disruptive for the child. Consequently, the aunt's application was granted and the father was denied access to E.