Can Police Enforce a Parenting Order in Ontario?

You have a parenting order, and the other parent is ignoring it. Visits are refused, the child is not returned, or the rules about travel and school are being broken. It is natural to wonder whether you can simply call the police and have the order enforced.

The answer is more layered than yes or no. Police have a role in some situations, the family court has its own enforcement tools, and some conduct is also a crime. This article explains how those pieces fit together in Ontario so you can see which route may suit your situation.

When police are the right call

If you think your child is in danger or at risk of being taken out of the country, Ontario's guidance says to call the police right away. That is an emergency step, separate from anything a court does later.

For a missed visit or a late return that is not an emergency, whether police will act depends on the circumstances and on what your order says. A clear, current copy of the order on hand helps anyone who is trying to understand what is required. A lawyer can tell you whether a court step is the better route.

Court orders that bring in the police

Where a court is satisfied a child is being unlawfully withheld, it may authorize the applicant to apprehend the child. It may also direct the police to locate, apprehend and deliver the child to the person named in the order.

These orders are time-limited. Under the Children's Law Reform Act, the order expires within six months unless a longer period is necessary.

If the concern is that the child may be taken out of Ontario, the court can make protective orders where a person is barred by a court order or separation agreement from removing the child. These include ordering delivery of the person's passport, the child's passport and other travel documents.

Contempt motions and other court remedies

Ontario's guidance says you can be fined or jailed for not following a court order on decision-making responsibility, parenting time or contact. One option is a contempt motion under the Family Law Rules. An order other than a payment order may be enforced this way even if another penalty is available. A person found in contempt may be imprisoned for any period and on any conditions that are just, or fined in any amount that is appropriate.

Contempt is not the only option. If someone fails to obey an order, the court may make any order it considers necessary for a just result. The Ontario Court of Justice can also impose a fine or imprisonment for wilful contempt of, or resistance to, its orders under the Children's Law Reform Act, although restraining orders under section 35 are excluded.

When the conduct is also a crime

Parental abduction is a crime. A parent who takes, conceals or detains a child under 14 with intent to deprive the other parent of possession is guilty of an offence, whether or not a parenting order exists. The maximum penalty is 10 years on indictment, and a separate section covers the same conduct in breach of a custody or parenting order.

There are limits. No proceedings under the main offence may be started without the consent of the Attorney General or counsel instructed by them. No one is guilty if the taking was necessary to protect the child from danger of imminent harm, or if the accused was escaping from danger of imminent harm. Whether a criminal charge makes sense in your case is a question for a lawyer.

What to do next

Ordinarily no motion may be heard before a case conference on the substantive issues, but there is an exception where the court finds a situation of urgency or hardship. A motion may also be made without notice in limited cases, such as when notice is unnecessary or not reasonably possible, or when there is an immediate danger of a child's removal from Ontario or an immediate danger to the health or safety of a child or the party. In the removal and danger cases, the delay of serving notice must also probably have serious consequences. What counts as urgent can also depend on the practice direction for your court location.

• Keep a copy of the signed order and any related agreement.
• Write down each breach with the date, time and what happened.
• Save messages, emails and any proof that the other parent knew about the order.
• If your child is in danger or may be taken out of the country, call the police right away.
• Speak with a family lawyer about whether a contempt motion, a police order or an urgent motion fits your facts.

Frequently asked questions