Does a parent have physical custody of the children during the periods when the children are not in his care?
Ontario, Canada
The following excerpt is from Bexon v. McCorriston, 2019 ONSC 6060 (CanLII):
In the case of Sirdevan v. Sirdevan, [2009] O.J. No. 3796 (S.C.J.) Graham, J. held at para. 16 that a parent exercises a right of access to, or has physical custody of the children during the periods the children are nominally in his/her care whether they are in his/her immediate presence, in the care of the nanny he employs, or at school or swimming lessons or any other activity while he/she is responsible for their well-being and that every case must be determined on its own facts.
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