In the case of Sirdevan v. Sirdevan,  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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