- Under the Divorce Act, a person subject to a parenting order must comply with it until it is no longer in effect, while parents who were never married or are not divorcing need an order under Ontario's Children's Law Reform Act.
- If an order is not followed without good reason, the court can act against the person, including a fine or jail.
- Police may be able to enforce a Divorce Act order in another province or territory, and you should call police right away if you fear a child may be taken out of the country.
You have a parenting order, but the other parent keeps refusing to hand over the child at the scheduled time. It is natural to ask whether you can simply call the police and have the order enforced.
This article explains how parenting orders are generally enforced in Ontario, where police fit in, and which court steps are available. Whether police act in a given situation depends on the facts and the wording of your order, so a lawyer can confirm what applies to you.
A parenting order must be followed
A parenting order is a legal order setting out decision-making responsibility or parenting time that the court can enforce. Under the Divorce Act, a person subject to a parenting order must comply with it until it is no longer in effect. Parents must also protect the child from conflict arising from the proceeding to the best of their ability.
Parenting time may be set out in a schedule. Unless the court orders otherwise, the person exercising parenting time has exclusive authority to make day-to-day decisions affecting the child during that time.
Where police can fit in
The sources do not describe police as a routine first step for every missed exchange, and whether officers step in often depends on the circumstances and the wording of the order. Whether your order contains a clause about police assistance is worth checking with a lawyer.
- If you believe your child has been abducted, contact local police.
- If you fear a child may be taken out of the country, call police right away.
- If the child has been taken to another province or territory, contact that area's police about enforcing your Ontario order. Police may be able to enforce a Divorce Act order there.
- If the child is taken outside Canada, ask police to contact the RCMP's National Centre for Missing Persons and Unidentified Remains.
A court may refuse a parent parenting time if there is a fear that the parent may harm the children, harm the parent with decision-making responsibility, or not return the children. These are the kinds of concerns that can also lead to safety-focused terms in an order.
What the court can do
In Ontario, if a parenting order is not followed without good reason, the court can take action against the person who did not comply, including a fine or jail. The words "without good reason" matter, so a court will want to hear why time was refused.
Before a motion for a temporary order, a party must in most cases attend at least one case conference on the main issues. That requirement does not apply in cases of urgency, such as where you or your child's safety is at immediate risk, or hardship. However, the judge may order costs against a party who brought an unnecessary motion before a conference.
| Step | What to know |
|---|---|
| Motion forms | A family motion uses Form 14 (Notice of Motion) and Form 14A (Affidavit), which must be sworn or affirmed. |
| Motion without notice | Allowed only in very limited or emergency situations. The other side must be told right away and the case must return to court within 14 days. |
| Urgent hearings | In the Superior Court, urgent motions are heard virtually unless the court orders otherwise. A hearing alleging the wrongful removal or retention of a child is held in person. |
Changing an order that is not working
Parents can update an agreement by agreeing to the change, but a court order can only be changed by a new decision from the court. If you both agree, you sign Form 15C in front of witnesses and file it with Form 14B and a typed Form 25 draft order.
If the other party does not agree, you file Form 15: Motion to Change, sworn before a commissioner, and serve it by special service. The other party has 30 calendar days to respond, or 60 calendar days if they were served outside Canada or the United States. Under the Divorce Act the court must be satisfied there has been a change in the circumstances of the child since the order was made. Free family mediation is available at Ontario courthouses on the day you are in court.
What to do next
- Keep a log of every missed or refused exchange, with dates, times and what was said.
- Save texts and emails, and stay calm and brief in your replies.
- Keep a copy of your order with you at exchanges.
- If you believe your child has been abducted, contact local police. If you fear a child may be taken out of the country, call police right away.
- Speak with a family lawyer about the wording of your order and whether a motion, a motion to change or mediation fits.
Avoid taking matters into your own hands. Court is where a missed-time pattern is addressed, and a clear record helps.
Frequently asked questions
Will police take my child back to me if parenting time is refused?
It depends on the facts and the wording of your order, and a lawyer can confirm what applies. The court can act against a person who does not follow an order without good reason, including by a fine or jail. Police are clearly relevant where a child is abducted or may be taken out of the country.
What if the other parent takes the child to another province?
The Hague Convention does not apply to a child still in Canada. You would contact that area's police about enforcing your Ontario order, and police may be able to enforce a Divorce Act order there.
Can I go to court right away?
In most cases a party must attend at least one case conference before a motion for a temporary order. That does not apply in cases of urgency or hardship.
Does the other parent have to follow the order if they disagree with it?
Generally, a court order is meant to be followed. Under the Divorce Act, a person subject to a parenting order must comply with it until it is no longer in effect. Parents who were never married or are not divorcing need a parenting order under Ontario's Children's Law Reform Act instead, so how this applies depends on your situation and is worth confirming with a lawyer. A court order can only be changed by a new decision from the court.
Sources
- Ontario.ca – Parenting time, decision-making responsibility and contact — ontario.ca
- Ontario.ca – Child abduction by a family member — ontario.ca
- Divorce Act, s. 16.2 — Justice Laws (federal)
- Divorce Act, ss. 7.2, 7.5 — Justice Laws (federal)
- Justice Canada, Making plans, Section 6 — justice.gc.ca
- Ontario.ca – Guide to procedures in family court: Consent motion to change — ontario.ca
- Divorce Act, s. 17(5) — Justice Laws (federal)
- Ontario.ca – Guide to procedures in family court: Steps to making a motion to change — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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