The following excerpt is from Windsor-Essex Children’s Aid Society v. T.C., 2016 ONCJ 488 (CanLII):
 If more than one person has charge of a child immediately before Society intervention, the court must consider or assess which of the parents is better able to care for the child having regard to the purpose and intent of the Act: Children’s Aid Society of Toronto v. A.(S.) supra.
 In Children’s Aid Society of London and Middlesex v. D.(S.), Justice Harper put the proposition this way; the court must consider the risk of harm of returning the child to either parent.