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Case law - police enforcing access provisions

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  • Case law - police enforcing access provisions

    Does anyone know good case law where police was ordered to enforce the access provisions of the order in the case the other party is breaching them? Thank you.

  • #2
    Originally posted by paco View Post
    Does anyone know good case law where police was ordered to enforce the access provisions of the order in the case the other party is breaching them? Thank you.
    As WorkingDad points out in this thread... Police Enforcement clauses are not a good idea. The only time they should be used is the return of children whom have been abducted in my humble opinion.

    https://www.ottawadivorce.com/forum/...ad.php?t=17363

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    • #3
      Wouldnt it be traumatic for the cops to show up at the door and force the kids to go to the other parent?

      Yes i realize it isnt good for one parent not send the kids when its the other parents parenting time but there are other ways to deal with it that wouldnt be as upsetting to the child. Yes a child may get upset when they cannot see the other parent but it isnt as traumatic as the cops showing up at the door IMHO

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      • #4
        Originally posted by standing on the sidelines View Post
        Wouldnt it be traumatic for the cops to show up at the door and force the kids to go to the other parent?

        Yes i realize it isnt good for one parent not send the kids when its the other parents parenting time but there are other ways to deal with it that wouldnt be as upsetting to the child. Yes a child may get upset when they cannot see the other parent but it isnt as traumatic as the cops showing up at the door IMHO
        I agree, the burden should be on parents, not on the children. There should be a mechanism in place ensuring that the parents, usually the custodial parent, not only produce the children at the agreed transfer exchange location, but the parents needs to foster and encourage a healthy relationship between the children and the other parent. Simply bringing the kids for transfer and letting the decision entirely up to them to attend or not the access is not acceptable, and specially when parental alienation is a factor when young children (like mine D 12 and S 6) refuse to go for access.

        I've read this law case "Patterson v Powell", where Mr. Justice Pazaratz of the Ontario Superior Court of Justice was asked to endorse a final order that the parties agreed to, his reasoning not to endorse a police enforceable order are in the children's best interest, specifically the children not to be exposed to unnecessary trauma.

        One of the mechanism parties can have in place could be a parenting coordinator who can penalize the offending parent, for example loosing parenting time with the child, or in some extreme cases the offender being found in contempt.
        Last edited by paco; 07-02-2018, 03:49 PM.

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        • #5
          Policy is up the service

          A judge can order "police enforceable" but each police service has their own policy regarding this. It is not considered a criminal matter by police. Ottawa Police will not enforce the order. They will attend and mediate and check on condition of the child but will not forcibly remove a child from a parental home. Other jurisdictions may have a different policy.

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          • #6
            My ex asked for police enforcement. One of the custody assessors recommended police enforcement . The judge got really angry. Said that under the circumstances there was no way he was going to order police enforcement and told my ex and his lawyer they better not dare bring it up again.

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            • #7
              Originally posted by Stillbreathing View Post
              My ex asked for police enforcement. One of the custody assessors recommended police enforcement . The judge got really angry. Said that under the circumstances there was no way he was going to order police enforcement and told my ex and his lawyer they better not dare bring it up again.
              Now that is a crappy assessor. They should have known better. Wow.

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              • #8
                Originally posted by paco View Post
                Does anyone know good case law where police was ordered to enforce the access provisions of the order in the case the other party is breaching them? Thank you.
                No police will enforce access unless there is specific court order regarding abduction (parent moved with kid to another country/province)

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                • #9
                  Originally posted by backinthesaddle View Post
                  A judge can order "police enforceable" but each police service has their own policy regarding this. It is not considered a criminal matter by police. Ottawa Police will not enforce the order.
                  We have a "police enforceable" clause in our SA, but as many have said the regional police won't enforce it.

                  I spoke to a constable a while ago and his response was that he "...didn't know why lawyers keep putting in that clause, must be a template somewhere..."

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