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Old 03-14-2014, 12:40 PM
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Default Truism Exposed?: The Police Enforcement Clause

Hi All,

The Honourable Mr. Justice Pazaratz has been very busy. In this recent posting his honour overviews everything you would ever need to know about "police enforcement clauses" in Custody and Access disputes.

In this well written case law, Justice Pazaratz reviews why and when police enforcement clauses can (and should) be issued.

Answering the questions:
1. In high conflict custody/access disputes, is “the usual police enforcement clause” a cop-out?

2. Are there better ways of making sure parents do what they’re supposed to do – without drawing kids into the fray?

3. And how can we be sure unknown police officers, in unknown circumstances, on unknown dates, will know what to do?

4. We put so much care into crafting custody/access orders. Is compliance a police issue? Or a judicial responsibility?
Patterson v. Powell, 2014 ONSC 1419 (CanLII)
Date: 2014-03-05
Docket: D915/12
URL: CanLII - 2014 ONSC 1419 (CanLII)
Citation: Patterson v. Powell, 2014 ONSC 1419 (CanLII)

There is just so much to learn reanding this case law:

70. There has been ongoing discussion – in Ontario and in other Provinces – about the need for more enlightened statutory provisions to deal with this issue. Indeed, Ontario has passed – but not proclaimed – legislation (s. 34(a) of the CLRA) permitting compensatory access and reimbursement. More options to enforce access orders would definitely help.

80. As Justice Quinn recently commented in a footnote in Stirling v. Blake 2013 ONSC 5216 (CanLII), 2013 ONSC 5216:
When parties involve police in their access disputes, they might as well climb onto the roof of their house, straddle the peak, and, with outreached arms, proclaim to the heavens that they have failed as parents and as human beings.
I will post up CanLII - 2013 ONSC 5216 (CanLII) in another thread because it is almost as good as Bruni v. Bruni! ("Ears are a wasted appendage on him. He hears, but does not listen.")

Good Luck!
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