What is the difference between custody and charge?

[63] The difference between custody and charge was also dealt with by Spence J. in CAS of Toronto v. S.A., in which he noted that there could be many instances where one person had custody but another person had charge of the child. He noted that the act did not talk about returning a child to the person who had ‘custody’ but rather returning the child to the person who had ‘charge’ of him or her. Similarly, the act does not talk about the parents’ intention regarding ‘charge’, but deals with the factual reality of who had charge of the child(ren) prior to intervention.

[64] Harper J. expanded on the reasoning of Spence J. in CAS v. Middlesex v. S.D., where he stated that there must be evidence of an active relationship with the child that includes care and responsibility and is something more than physical possession or limited incidents of care.