This is a question that I get asked by clients all the time, and the reason is that most divorced or separated couples do not trust their exes. It is this mistrust that makes clients ask me if they need a police enforcement clause in their custody orders. Sometimes the distrust is as a result of a recent or past threatening behavior from an ex, a pattern of behavior, or circumstances surrounding the breakdown in the relationship; whatever the reasons may be, the desire for police enforcement remains. 

Divorced or separated spouses believe that police enforcement clauses in custody orders ensure that their exes do not flout court orders. A police enforcement clause in a custody order is a clause that empowers Peace Officers to enforce the order when either party breaches the order. If a party or any other person on their behalf violates the parenting time of the other party under a custody order, then a Peace Officer will provide assistance to ensure that the offending party complies with the order.

The case of P.M.S. v. K.B., 2006 ABPC 55, addresses the issue of police enforcement clauses in custody and access orders. Justice G.B.N. Ho states that the existence of a police enforcement clause should encourage parties to a custody dispute to comply with the court order. Although judges are reluctant to include police enforcement clauses in custody orders, nevertheless, police enforcement clauses are included when there is a reasonable possibility that one of the parties in the custody proceedings may violate the terms of the parenting order.  

The powers granted by a police enforcement clause ranges from arresting the party that breaches the custody order, to returning the child/ren to the other party. Parties usually find the police enforcement clause serves as a deterrent, which ensures that parties comply with the order or risk getting arrested. 

Family Law Justices are hesitant to include police enforcement clauses in custody orders because it is rife with abuse, with many parties have been known to call the police for trivial reasons.

However, there are circumstances when a police enforcement clause is necessary, such as where the offending party refuses to bring the child to an agreed exchange location, or the offending party has a habit of returning the child late without reason or simply refusing to return the children. 

If you are currently going through a separation or a divorce or you would like to a second opinion regarding your matter, I am available to assist you. Contact Onosen Mike-Ifeta at 587-566-6525 or email at onosen@archlawoffice.ca.