What is the test for a police enforcement clause?
British Columbia, Canada
The following excerpt is from Munroe v Elisseeva, 2020 BCSC 1952 (CanLII):
With respect to the relief sought at clause 4 for a police enforcement clause, the material suggests that the mother does not oppose such an order, provided that it is mutual. However, I do not believe that a police enforcement clause would be in the children’s best interests. Granting the police the power to apprehend a parent to ensure that a party complies with a court order regarding parenting time is an extreme remedy that should only be reserved for the rarest of circumstances: Wilson v. Garbella, 2017 BCSC 748 at para. 69. Those circumstances do not exist in this case. There is no evidence to suggest that the parties will not comply with a court order once it is pronounced. As such, the request for a police enforcement clause is denied.
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