Police Enforcement of Custody: Why 911 Won't Help (Yet)
Have you been told "It's a civil matter"? Learn why standard Court Orders are ignored by police and how to get a specific "Police Enforcement Clause".
Legal Review: This enforcement guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with Section 36 of the Children's Law Reform Act (2026).
Too Busy to Read? The 30-Second Answer
The Problem:
A standard Family Court Order (e.g., "Father has access every weekend") is a Civil Order. Police do not have the automatic authority to enforce civil contracts or orders.
The Police Stance:
Unless there is immediate danger (criminal), police will almost always say, "This is a civil matter. Go back to your lawyer."
The Solution:
You must return to court to obtain a specific "Police Enforcement Clause" (under Section 36 of the CLRA).
The Power:
This clause directs police specifically to locate, apprehend, and deliver the child to you. Without it, they will not act.
Standard Order vs. Enforcement Order
The Standard Parenting Order
Says:
"The child shall reside with Mother on weekends."
Police Reaction:
They will read it, shrug, and tell you to file a Motion for Contempt in court. They will NOT knock on the door.
The Police Enforcement Clause
Says:
"The Police Service is directed to enforce the access provisions of this order..."
Police Reaction:
This gives them statutory authority to intervene, enter the property, and retrieve the child.
Emergency vs. Non-Emergency
Know the difference before you dial 911.
The 'Late Drop-Off'
Scenario:
"Dad is 2 hours late returning the child."
Action:
Do NOT call police. Document the breach. Send an email. File for Contempt later.
The 'Withholding'
Scenario:
"Mom refuses to hand over the child for the weekend and blocks your number."
Action:
Police will likely refuse to help unless you have the Enforcement Clause. You need an Urgent Motion.
The 'Safety Risk'
Scenario:
"The other parent is drunk/impaired or threatening to flee the country."
Action:
Call 911 immediately. This is now a Child Welfare/Criminal matter, not just a custody dispute.
Steps to Obtain a Police Enforcement Clause
Judges act reluctantly. You must prove "Wrongful Retention" and that other remedies have failed.
Step 1: Document the Breach
Keep a log of missed visits, text messages, and emails.
Step 2: File an Urgent Motion (Form 14B)
You must show urgency/hardship.
Step 3: Request Section 36 Authority
Specifically ask for police assistance under the Children's Law Reform Act.
Step 4: Serve the Police
Once obtained, you must formally serve the Order on the local police division so it is in their computer system.
Myths About 911 & Custody
The Paper Shield
THE MYTH:
"I have a court order signed by a judge. The police HAVE to listen to it."
The Statutory Gap
THE REALITY:
Police are terrified of liability. If the order is vague or lacks the specific "Enforcement Clause," they will default to doing nothing to avoid getting sued for false arrest.
Common Questions About Enforcement
Deepa Tailor, Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She specializes in High-Conflict Custody enforcement and Urgent Motions for the return of children.
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Stop Begging. Start Enforcing.
If your ex is repeatedly withholding your child, a standard court order isn't enough. We can help you secure the Police Enforcement Clause you need.
Book Your Urgent Enforcement Session