YUKON TERRITORY
Territorial Court

YUKON TERRITORY - Territorial Court: R.A. (Re) [2002] Y.J. No. 48

FACTS:  The Director of Family and Children's Services submitted an application requesting the permanent custody of a child.  The mother of the child opposed the application.  Despite suffering from FAE and the many deficits associated with the disorder, the mother had made great efforts to improve her parenting skills. 

HELD:  On account of her commitment and perseverance, the Director's application was dismissed.  However, the court could not completely ignore the mother's deficits, and granted the Director open custody.  Such an arrangement provided the mother with access to her child, and allowed her involvement in all decisions regarding the child