What is the impact of the use of the police on access?

Ontario, Canada


The following excerpt is from Patterson v. Powell, 2014 ONSC 1419 (CanLII):

55. In McGonegal v. Young 2004 CarswellOnt 5105 (O.C.J.) Kukurin J. described “the use of police assistance to enforce access as a remedy of last resort, particularly from the child's point of view.” After reluctantly ordering police enforcement, the court noted: "[T]he use of uniformed police officers to apprehend a child from the care of the custodial parent and delivery of that child to an access parent, especially when the parents are hostile to each other, is undesirable from any child's point of view, especially from that of a young child. Access should not have to take place with police intervention":

56. In Wentzell v. Schumacher 2004 CarswellOnt 1825 (S.C.J.) the court declined a police enforcement clause, citing the tendency of the parties to threaten and exercise police action over the most minor of incidents suggests a level of immaturity and vindictiveness. Wein J. stated she was “not prepared to authorize police intervention for access enforcement in this case: it is not required for public safety, has a negative impact on (the child), and is an undesirable tactic to give either parent.”

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