You have the right to call the OPP or local police for a wellness check if you have a genuine, immediate fear for your child’s safety. However, if you weaponize police checks to harass your ex during an Ontario custody battle, family court judges will severely penalize your decision-making responsibility claims.
Navigating a high-conflict separation is incredibly stressful, especially when your children are at the other parent’s house and they stop answering your text messages. In Ontario, calling the Ontario Provincial Police (OPP) or local municipal police to conduct a “wellness check” (or welfare check) is a recognized safety mechanism. If you genuinely believe your ex-partner is intoxicated, having a mental health crisis, or neglecting the children in a dangerous environment, the police will dispatch an officer to the home to ensure the children are safe.
However, many parents make the catastrophic mistake of misusing wellness checks as a litigation tactic. 📍 Sending the police to your ex’s home in London, Mississauga, or Sudbury simply because they were an hour late for a phone call is considered harassment. As of May 2026, judges in the Superior Court of Justice look extremely unfavourably upon parents who waste emergency resources to intimidate their former spouse. If you are struggling with a difficult co-parent, using our directory to find a skilled family lawyer is a much safer way to address communication issues.
Step-by-Step Process in Ontario
If you are contemplating calling the authorities, you must follow a careful, measured process. Doing this incorrectly can result in Children’s Aid Society (CAS) opening a file on you for emotional abuse of the children due to unnecessary police involvement.
Step 1: Assess the Immediate Risk
Before picking up the phone, ask yourself if there is an objective, immediate risk to the child’s life or safety. 🔍 A history of substance abuse, a direct threat of self-harm from your ex, or reports of domestic violence are valid reasons. Anxiety because your ex has not replied to an email for 12 hours is generally not a valid reason for a police response.
Step 2: Attempt Reasonable Communication First
Ontario family courts expect parents to act reasonably. You should attempt to contact the other parent via text, email, and phone. If appropriate, try reaching out to a mutual third party, like a grandparent or a family friend who might be at the house. Document these attempts meticulously; they will be your defence if your ex later accuses you of harassment.
Step 3: Consider Calling the Children’s Aid Society (CAS)
If the situation is concerning but not an active, life-threatening emergency, contacting the local CAS is often more appropriate than 911. 👪 The CAS mandate is to investigate child well-being and neglect. They have social workers trained to evaluate the home environment without the traumatic arrival of a uniformed police cruiser.
Step 4: Requesting the Police Wellness Check
If you must call the police, use the local non-emergency line unless someone is in immediate physical danger. Provide the dispatcher with clear, factual information. You must explicitly state why you are concerned (e.g., “My ex called me highly intoxicated while driving with the kids”). The police will visit the home, speak with the parent, and visually confirm the child’s well-being.
Step 5: Document the Outcome for Family Court
If the police find that the children were indeed in danger, you will need to request the police report through a Freedom of Information request. 📄 Your lawyer will use this report to file an urgent motion to suspend or supervise your ex’s parenting time. If the police report states that the children were perfectly fine and eating dinner, be prepared to explain your actions to a judge.
How Much Does it Cost in Ontario?
While the police do not charge for emergency services, the legal fallout of a wellness check can be incredibly expensive.
- Police Service Fee: Calling the OPP or local police for a legitimate wellness check is $0 CAD.
- Lawyer Fees (Filing a Motion): If the check reveals abuse, hiring a family lawyer to file an urgent motion to restrict access will cost between $2,500 and $7,000+ CAD.
- Cost Awards Against You: If a judge determines you weaponized the police maliciously, they can order you to pay your ex’s legal fees, which frequently range from $3,000 to $10,000 CAD per motion.
- Freedom of Information Request: Obtaining the official police report for court typically costs an administrative fee of $5 CAD, plus processing time.
How Long Does the Process Take?
Emergency interventions move quickly, but the court proceedings that follow are much slower. ⏳ When you request a wellness check, local police in urban centres usually arrive within 1 to 3 hours, though rural OPP responses may take longer depending on priority. If the police involve CAS, a social worker will generally open an investigation within 24 to 48 hours. Getting the official police report to use in family court can take 30 to 60 days. Modifying your parenting order based on the incident will take a family court judge anywhere from a few weeks (urgent) to 4 to 8 months (standard track).
| Reason for Concern | Appropriate Action | Court View of Your Action |
|---|---|---|
| Imminent threat / Severe Intoxication | Call 911 / Local Police | Protective and responsible parent. |
| Ongoing neglect / Dirty living conditions | Call Children’s Aid Society | Appropriate use of provincial resources. |
| Missed a 7:00 PM phone call by an hour | Document and wait | Calling police is seen as harassment. |
Frequently Asked Questions (FAQ)
Will the police take my child away during a wellness check?
Police will only remove a child if they believe there is an immediate, life-threatening danger, or if the living conditions are so horrific that the child requires immediate medical or CAS intervention.
Can my ex find out that I called the police?
Yes. Police officers will generally inform the person at the residence why they are there and who requested the check. It is almost impossible to keep wellness checks anonymous in a high-conflict custody battle.
What happens if my ex constantly calls the police on me?
If you are the victim of malicious wellness checks, your lawyer can request a court order prohibiting your ex from contacting emergency services regarding your home unless there is a verifiable emergency, and seek costs for harassment.
Can the police enforce a phone call schedule?
No. Police will not force a child or a parent to pick up the phone to comply with a court-ordered communication schedule. This is a civil matter that must be addressed by filing a motion in family court.
Will CAS investigate every time the police are called?
Under Ontario law, police officers are mandatory reporters. If they attend a wellness check and see any signs of potential child abuse, domestic violence, or neglect, they are legally required to report it to the local Children’s Aid Society.
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