In Ontario, local police generally will not enforce a standard family court order for parenting time, as they view it as a civil dispute. To compel police intervention, you must return to family court and obtain a specific “Police Enforcement Clause” under Section 36 of the Children’s Law Reform Act.
When you have a final family court order, you rightfully expect the other parent to follow it. However, one of the most frustrating experiences for separated parents in Ontario is discovering that the local police will rarely step in to enforce parenting time (formerly known as child custody). Whether you live in Toronto, Ottawa, or Hamilton, dispatching an officer to your ex-partner’s house with a standard court document usually results in the officer stating, “This is a civil matter; you need to go back to court.”
Police officers are trained to handle criminal matters, and they are understandably hesitant to forcibly remove a crying child from a home without explicit legal authorization. 📍 As of May 2026, standard parenting orders dictate the schedule but do not automatically grant police the power of apprehension. To bridge this gap, you need a specific judicial directive. If your ex is chronically withholding your children, we strongly recommend browsing our directory to find a local family lawyer who can help you escalate the matter legally.
Step-by-Step Process in Ontario
Obtaining police assistance requires upgrading your current court order to include a specific enforcement mechanism. The Superior Court of Justice and the Ontario Court of Justice take these requests very seriously and will only grant them in specific circumstances.
Step 1: Document the Withheld Parenting Time
Before heading to court, you must prove that a pattern of denial exists. 📅 Keep a detailed log of every missed visit, ignored text message, and failed exchange. If you show up at the transition spot (like a local Tim Hortons or police station parking lot) and the other parent does not arrive, take a timestamped photo to prove you were there. Evidence is crucial in family law.
Step 2: Speak with the Police (Create a Paper Trail)
Even if the police refuse to physically intervene, you should still call the non-emergency line to report the breach of the order. Ask the responding officer to create a “CAD” (Computer Aided Dispatch) or incident report. This provides independent proof to the judge that the other parent refused to hand over the child, and that standard enforcement failed.
Step 3: File an Urgent Motion in Family Court
With your evidence gathered, your lawyer will file a motion in the Ontario family court where your original order was made. 📄 You are asking the judge to find the other parent in contempt or breach of the order. If there is an immediate risk of the other parent fleeing the province, this can be filed as an urgent, *ex parte* (without notice) motion.
Step 4: Request a Section 36 Police Enforcement Clause
Your lawyer must explicitly ask the judge for an order under Section 36 of the Children’s Law Reform Act. This specific clause directs all police services in Ontario (including the OPP and municipal forces) to locate, apprehend, and deliver the child to you. Judges are highly reluctant to order this unless the withholding is blatant and all other dispute resolution methods have failed.
Step 5: Present the New Order to Local Authorities
Once the judge signs the new order containing the police enforcement clause, you must take the physical, sealed copy to the local police station. 🚨 You cannot simply read it over the phone. You will provide the desk sergeant with the document, and they will assign officers to execute the warrant and safely retrieve the child.
How Much Does it Cost in Ontario?
Enforcing an order through the courts requires budgeting for legal and administrative expenses.
- Court Filing Fees: Filing a motion to enforce a parenting order is completely free ($0 CAD) in both levels of Ontario courts, as enforcement proceedings under the Children’s Law Reform Act are exempt from court fees under O. Reg. 417/95 and O. Reg. 293/92.
- Lawyer Fees: Retaining a family law firm to draft emergency motion materials and argue before a judge typically costs between $300 and $700 CAD per hour. A full enforcement motion can easily cost $3,500 to $8,000+ CAD.
- Police Fees: The police themselves do not charge a fee to execute a valid family court apprehension order.
- Cost Awards: If you are successful, the judge may order your ex to pay a portion of your legal fees for forcing you to litigate the breach.
How Long Does the Process Take?
The timeline for enforcing a parenting order depends entirely on the urgency of the situation. ⏱ If your ex is simply delaying visits, booking a standard motion can take 4 to 8 weeks in busy jurisdictions like Mississauga or Brampton. However, if the other parent has completely abducted the child or there is an active safety threat, an urgent motion can be heard by a judge within 24 to 48 hours. Once the police receive a valid Section 36 order, they generally act immediately or within a few hours.
| Enforcement Method | Level of Effectiveness | Typical Court Timeline |
|---|---|---|
| Standard Parenting Order | Low (Police will not enforce) | N/A |
| Motion for Contempt | Medium (Financial penalties) | 2 – 4 Months |
| Section 36 Apprehension Order | High (Police intervention) | 1 Day – 4 Weeks |
Frequently Asked Questions (FAQ)
Can the police arrest my ex for withholding the child?
Generally, withholding a child is a civil breach of a family order, not a crime. However, if they flee the jurisdiction or conceal the child, it could potentially escalate to the criminal indictable offence of parental child abduction.
What if my teenager refuses to go with the other parent?
In Ontario, courts and police rarely force an older teenager (e.g., 14 to 16 years old) to visit a parent against their will. Police enforcement clauses are almost exclusively used for younger children who cannot make independent decisions.
Do I need a lawyer to get a police enforcement clause?
While you can represent yourself, it is highly discouraged. Proving the necessity of a Section 36 order requires specific legal formatting, affidavits, and case law that a family lawyer is best equipped to handle.
Will the Children’s Aid Society (CAS) enforce my order?
No. The CAS investigates child abuse and neglect. They do not enforce family court parenting schedules. Unless the child is in immediate physical danger, CAS will direct you back to your family lawyer.
Can I bring the court order to the child’s school?
Yes, you should provide the school principal with your most recent court order regarding decision-making responsibility and parenting time. However, schools will not physically restrain a parent; they will call the police if a conflict erupts on school property.
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