The four-year-old girl found deceased with her biological father in Rattlesnake Point Conservation Area late Sunday night has been identified by family as Keira Kagan.

The girl’s stepfather, Philip Viater, told CityNews that Keira’s mother was locked in a lengthy custody battle with her ex, who he identified as Robin Brown.

According to Viater, Brown lost custody of Keira in a trial and had his access to her reduced in August for what he described as “bad behaviour.”

“I have so many court orders, it’s going to take hours to go through all of them,” he said.

Keira and her biological father ventured out for a hike at Rattlesnake Point in Milton some time between 2:30 and 3 p.m. on Sunday.

They were expected back around 5 p.m.

When they didn’t return, authorities were notified.

An extensive search took place and shortly after 11 p.m. their bodies were found.

During an update Monday morning, Const. Ryan Anderson said both were located at the base of the escarpment, and had injuries “consistent with a fall.”

“There was significant trauma on the victims,” Anderson said, adding that the Homicide Unit is investigating — a standard procedure when a child under the age of five is involved.

“It is not considered a homicide investigation at this time,” Anderson stressed. He also said it’s early in the investigation and police are not “ruling anything out.”

Viater doesn’t think it was an accident and believes police spoke prematurely.

“When they made that statement, no officer had even spoken to us, had copies of any court orders, or knew anything about the case other than the fact that there is a father and daughter who allegedly fell,” he said.

Homicide detectives are now at the couple’s home, speaking to them and looking over court documents, Viater explained.

“They (police) probably shouldn’t have made (the statement), because quite honestly it’s actually caused us more grief because now I have people texting, apologizing and giving condolences for this horrible accident and I’m just like ‘It’s not an accident, I’ve been telling you for three years he’s going to do something like this.’ ”

“I do believe that they fell,” he concluded. “I believe that they did not fall innocently.”