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Foster parents back in appellate court to keep Metis toddler

Click to play video: 'B.C.’s child advocate now involved in custody fight of Metis toddler'
B.C.’s child advocate now involved in custody fight of Metis toddler
WATCH: The foster parents of a little girl, who's known only as SS, are fighting a government order to have the child sent to Ontario to live with her biological siblings. As Rumina Daya reports, British Columbia's representative for children and youth, Mary Ellen Turpel-Lafond, is now involved – Mar 1, 2016

VANCOUVER – The children’s representative in British Columbia wants a review of a case involving a Metis toddler whose foster parents are trying to block her moving to Ontario.

The B.C. Court of Appeal heard today that Mary Ellen Turpel-Lafond, the province’s representative of children and youth, wrote to the Children’s Ministry seeking the review.

The Vancouver Island couple, who cannot be named, are seeking an interim order to prevent the ministry from moving the two-and-a-half-year-old girl to live with her biological siblings in Ontario, who she has never met.

The foster mom told Global News the process has been very difficult for the toddler.

“It’s very emotional, very hard for us to remain stoic and strong for her when all we want to do is cry because we’re feeling it so much. It’s so very, very, very hard,” she said.

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She believes the focus should be on the child and not that they are considered “paid caregivers” in the eyes of the court.

“That child we put every bit of effort into loving and caring for her as our own children, but in fact probably more because she had a really tough time as an infant and it was around the clock care,” she said.

WATCH: The foster mother of a Metis toddler in the middle of a custody fight opens up about the impact it is having on the child.
Click to play video: 'Custody fight taking its toll on Metis toddler'
Custody fight taking its toll on Metis toddler

“They try to say we’re paid caregivers but in actual fact if you read the adoption handbook it says, you’re reimbursed for expenses for the child. And I think it works out as 16 cents an hour, I that’s what I figured it out to – and that’s to cover all the diapers, all of the clothes, all the toys… everything. So for them to say we’re contracted paid to do this job, I think this is ridiculous… I’m obviously not doing this for the money. We love this child and we care about children.”

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Last week, a B.C. Supreme Court judge dismissed the couple’s petition to stop the move, finding it was an abuse of process because a similar petition filed by the foster parents had already been dismissed.

The couple has filed an appeal of that lower court’s decision but it may not be heard for some time, which is why they’re now asking for the interim order.

The couple’s lawyer, Jack Hittrich, also told court Monday that the girl’s biological father has filed an affidavit stating he and his wife only consented to continuing care by the ministry on the condition the foster parents be allowed to adopt their child.

The foster mother is Metis, while the caregivers in Ontario are not, pitting the importance of cultural background against that of blood relatives.

~ with files from Paula Baker

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