What is the test for determining custody and access in a sexual assault case?

Ontario, Canada


The following excerpt is from Daya v Daya, 2015 ONSC 6240 (CanLII):

In Bates v. Bates[1] Richetti J. was tasked with determining custody and access in favour of a father whom the mother had alleged had sexually abused their four year old daughter. The facts of that case, including the allegations made, bear many similarities to this case. The local Society and police services were involved, and both concluded that the allegations were unfounded.

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