Since, as part of my job, I sometimes have to meet with families who need help and advice regarding child custody, I thought a short article on the subject might inform some moms and dads and help them avoid disappointment after calling the police.
First and foremost, I’d like to outline the laws that police officers can enforce. Law enforcement agencies operate under the Criminal Code (which covers all criminal offenses), the Code of Criminal Procedure (which is the law that requires a criminal to identify themselves, among other things), the Highway Safety Code (no need to spell it out for you), municipal bylaw (for example, if your neighbor plays their music too loud), and certain other more specific laws such as those governing tobacco, alcohol in bars, taxis, etc.
However, despite what some people believe, police officers do not enforce civil law, and therefore do not enforce family law either. In practical terms, this means that police officers have neither the mandate nor the authority to intervene in matters of child custody, division of property, or disputes between tenants and landlords (except in certain situations)—even when presented with legal documents.
I know this is disappointing for most parents who call the police to enforce a court order, but whether you have a court order or not, whether you have a verbal or written agreement, and whether you have witnesses or not, police officers cannot enforce civil law.
I’ll give you a concrete example so you can understand better. One parent has a court order allowing them to have custody of their child starting on a specific date. The other parent, for whatever reason, refuses to hand over the child as agreed. The first parent calls the police to enforce the agreement. The police will show up on the scene, no doubt, but they won’t be able to take the child and simply hand them over to the first parent just because a civil court judge ordered it. What’s more, the police could get into trouble if they forced the second parent to hand over the child.
Please note, I’m not saying the police can’t do anything, but their role in this specific situation will be one of mediation and guidance. They will still have the right to speak with both parents and attempt, through negotiation, to reason with the parent who is disregarding the court order, but if that parent categorically refuses to let the child leave and, of course, the child is not in danger by staying where they are, the police will only be able to advise the first parent to contact their lawyer to inform them of the situation so that the lawyer can take further legal action (contact the other parent’s lawyer? return to court? request another order against the second parent?).
I understand the disappointment of parents who go to great lengths to ask for help—help from the police, no less—and who are unable to get immediate justice, but don’t think that just because the police can’t help you right away, there will be no consequences for your ex who refuses to honor what he signed. The consequences will simply come later. They might even be worse if the justice of the peace decides to change the terms of the agreement—so it’s worth thinking this through carefully.
Finally, don’t hesitate to call the police for assistance—if only to prevent the situation from escalating—but make sure you have a clear understanding of their powers and duties so that your expectations are realistic.