Authors: Carlynn Block and Kennedy Buchanan
When parents separate, disputes regarding parenting time and the care of children can be among the most difficult issues to resolve. While some parents can follow parenting agreements or court orders without significant difficulty, others repeatedly refuse to comply with parenting orders or agreements.
In these circumstances, it is common for parents to ask whether the police or RCMP can be involved in enforcing a parenting order or agreement. While the Saskatchewan Court of King’s Bench (“Court”) does have the authority to include a “police enforcement clause” in certain parenting orders, such clauses are not automatically granted and are generally considered a remedy of last resort. Saskatchewan courts must carefully balance the need to ensure compliance with orders against the potential impact that police involvement may have on children.
What is a police enforcement clause?
A police enforcement clause is a provision in a parenting order that authorizes police and the RCMP to assist in enforcing the terms of the order. Depending on the circumstances, the clause may permit law enforcement officers to help ensure that a child is returned to the appropriate parent or that parenting time occurs as directed by the court. The purpose of a police enforcement clause is not to punish a parent. Rather, it is intended to ensure compliance with court orders when other remedies have proven ineffective or where immediate intervention is necessary to protect a child’s best interests.
When will the Court grant a police enforcement clause?
Saskatchewan courts have consistently stated that police enforcement clauses should be used sparingly, recognizing that police involvement in parenting disputes can be stressful and potentially traumatic for children. For that reason, these clauses are generally reserved for exceptional circumstances. In A.W. v. G.S., the Court emphasized that police enforcement clauses are a “tool of last resort” and noted that it is generally not in a child’s best interests to be transported by police to facilitate parenting time.
Police enforcement clauses are not automatic if a parent breaches a parenting order. The fact that a parent has failed to follow a parenting order does not automatically mean that a police enforcement clause will be granted or inherently applied to that parenting order. Courts require objective evidence demonstrating that such a clause is necessary. Requests are frequently denied where there is insufficient evidence of risk, non-compliance, or urgency.
Before resorting to police involvement, the Court may consider other available remedies under The Children’s Law Act, 2020, including:
- Compensatory parenting time;
- Supervised parenting exchanges;
- Security for compliance with parenting obligations;
- Mediation or parenting coordination; and
- Variations to existing parenting orders.
As with all parenting matters, the Court’s primary consideration is the best interests of the child. A parenting order must protect the child’s physical, psychological, and emotional safety, security, and wellbeing to the greatest extent possible. When determining whether police involvement is appropriate, the Court may consider factors such as:
- The history of compliance with existing court orders;
- The risk of harm to the child;
- The child’s need for stability;
- Any concerns regarding family violence; and
- Whether less restrictive enforcement options are available.
What happens if a police enforcement clause is ordered?
If the Court issues a police enforcement clause, law enforcement authorities are generally expected to comply with the order. Saskatchewan courts have made clear that court orders are not recommendations and must be obeyed and enforced according to their terms. Even where a police enforcement clause exists, Saskatchewan courts remain mindful of minimizing a child’s exposure to conflict and police involvement wherever possible. These clauses are typically tailored to address specific circumstances rather than being intended as a long-term solution to ongoing parenting disputes.
The Bottom Line
Police enforcement clauses can be a valuable tool in limited circumstances where parenting orders are being ignored or where a child’s safety is at risk; however, Saskatchewan courts approach these clauses with caution and view them as a remedy of last resort. The focus always remains on the best interests of the child and finding solutions that promote the child’s safety, stability, and wellbeing.
If you are experiencing difficulties enforcing a parenting order or have questions about your parenting situation and circumstances, our Family Law Team can help you understand your options .
This article is intended for general informational purposes only and should not be taken as legal advice. It does not address the specific circumstances of any individual case and is not a substitute for obtaining advice from a qualified lawyer. Reading this article does not create a solicitor-client relationship, and you are encouraged to consult legal counsel before making any decisions regarding your legal rights or obligations.
