What is the impact of a police enforcement clause in a custody application?
Ontario, Canada
The following excerpt is from Patterson v. Powell, 2014 ONSC 1419 (CanLII):
40. But while OCL lawyers and social workers generally urge against police enforcement clauses, in Scrivo v. Scrivo 2012 CarswellOnt 5545 (S.C.J.) Donohue J. granted such an order – at the OCL’s request. The court stated at paragraph 33: “The position of the OCL is that, if an order is given that leaves it up to the choice of the boys to attend like the previous three court orders, the access will not occur or will be negligible.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a court refuse to enforce a police enforcement clause in a parenting matter? (Ontario, Canada)
Is a police disciplinary record that is not in the control of the police force required to be disclosed by the police officer to the police community? (Ontario, Canada)
Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
How have the courts dealt with an application where the applicant's disrespectful behaviour was so extreme that the application was dismissed as abuse of process? (Ontario, Canada)
On an interim application for custody, what is the onus on a parent seeking to disturb the custodial status quo? (Ontario, Canada)
On the ground of urgency, in what circumstances will the applicant continue with her application for leave to continue with the application? (Ontario, Canada)
In what circumstances will a judge enforce a custody order where the child's residence is not the subject of the custody agreement? (Ontario, Canada)
How have courts struck down allegations of breach of fiduciary duty in pleadings against police officers and vicariously the police services board and police chief? (Ontario, Canada)
What is prejudice against a police officer who has been denied promotion because of the delay in getting notice of application to the Police Complaints Board? (Ontario, Canada)
Can a shotgun clause be added to an application for an interim injunction to prevent the applicant from obtaining a shotgun? (Ontario, Canada)
