B.C. foster parents win injunction to keep Mtis toddler, for now

A B.C. CourtofAppealjudge has granted an injunction to the foster parents ofa Mtis toddler, preventing the child's removal by the provincial government until a full appeal is heard.

The injunction means the 2 1/2-year-oldgirl will not be transferred to prospective adoptive parents in Ontariowhoshe's never met, but have already adopted the child's two older sisters.

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The Vancouver Island foster father wasecstaticsaying the decision comes as a great relief.

"We're thrilled," he told reporters outside the courtroom."It's been hard on all of our family."

The foster father said although the injunction's effects aren't permanent,itgives his family some "breathing space" before the next phase of the fightto keep the toddler in their care.

Friday's hearing wasinitiated by the foster parentsin order toprevent B.C.'sMinistry of Children and Family Development from temporarilytaking thetoddler before the family'sappeal of a lower court ruling can be heard.

He attributed thisvictory to the judge's willingness to consider the best interests of the child over what he called legaltechnicalities.

The B.C. couple, who are also Mtis, have raised the little girl since infancy and are known to her as mommyand daddy.Her birth parents are supportive of the couple'sefforts.

Lawyers for the ministry declined to comment following the loss in court.

They've argued they believe it's best for the child to be raised in the same family as her siblings in Ontario.

Last week, aB.C. Supreme Court judge dismissed the couple'spetition to stopthe girl from being moved.

The foster parents and their lawyermade a constitutional argument sayingthe best interests of the child were being ignored.

A full appeal of thatruling is expected to be heard later thissummer.