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  • Can the police enforce my court order or agreement?
  • #911 Reply

      For example, if my parenting schedule is outlined in a court order, will the police help me if my ex is withholding my children and breaching the court order?

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      • #912 Reply
        Sarah MillerLawyer

          You should never hesitate to contact the police if you fear for your or your children’s safety, but the police generally won’t enforce a court order unless the order contains a police enforcement clause. For example:

          Any peace officer, including any RCMP officer having jurisdiction in the Province of British Columbia, who on reasonable and probable grounds believes that (OTHER PARENT’s NAME) has (example: removed the children from the Lower Mainland of British Columbia without (YOUR NAME)’s prior written consent) may take action to enforce (SPECIFY THE ORDER OR TERM OF THE ORDER), including but not limited to:

          a. apprehending the Children, including removing them from the care of (OTHER PARENT’s NAME) and delivering them to (YOUR NAME);
          b. entering and searching any place where he or she has reasonable and probable grounds for believing the Children may be; and
          c. immediately arresting (OTHER PARENT’s NAME) and bringing him/her before a judge of the (Provincial or Supreme) Court promptly after the arrest, to be dealt with on an inquiry to determine whether he/she has committed a breach of this order.

          If you do not have a police enforcement clause, the police will generally not enforce your parenting schedule or apprehend a child unless the police have reasonable grounds to believe that the child has been abducted or is in imminent danger.

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