What is the test for establishing that there is an "exceptional exception" where the child is not considered to be a party to a claim of sexual assault?

Ontario, Canada


The following excerpt is from R.M.R.2 v. K.T., 2005 CanLII 41545 (ON SC):

The onus is on the respondent to establish on a preponderance of evidence that this exception applies in this case and that the court ought to exercise its discretion in denying the applicant’s request for the child to be returned. See Thomson v. Thomson (1994) 1994 CanLII 26 (SCC), 6 R.F.L. (4th) 290 (S.C.C.) at 326 – 329.

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