Can police help enforce a parenting order if my ex won't return my child?
A standard Ontario parenting order does not include automatic police enforcement — police will not show up to enforce a schedule the way they enforce, say, a criminal warrant. However, if your court order includes a "police enforcement clause" (sometimes called a "no removal" or "enforcement" clause), police can act on it directly.
If your order does not include such a clause and your co-parent refuses to return the child at the end of your parenting time, your immediate option is to bring an urgent motion to the family court. The court can issue a specific enforcement order and may include a police enforcement clause going forward.
In very serious situations — where a parent is actively concealing the child or has left the jurisdiction — courts can issue a "writ of habeas corpus" or an order directing police to locate and return the child. Ontario courts have the authority to involve law enforcement when a child is being wrongfully withheld.
Document every refusal, save all communications, and bring those records to court. The record of non-compliance strengthens your motion and supports a request for police enforcement terms.
Key takeaways
- Standard parenting orders do not automatically involve police enforcement.
- A police enforcement clause in the order allows police to act directly.
- Urgent court motions are available when a child is being withheld.
- Courts can issue enforcement orders and involve police in serious retention cases.