What is the test for determining who had charge or de facto custody of a child before the intervention of Children's Aid Society of Toronto?
Ontario, Canada
The following excerpt is from Windsor-Essex Children’s Aid Society v. T.C., 2016 ONCJ 488 (CanLII):
[35] The question who had “charge” of the child is not determined by which person had actual physical or de facto custody immediately before Society intervention: Children’s Aid Society of Toronto v. A.(S.), 2008 ONCJ 348 at para 12.
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