Can a court refuse to enforce a police enforcement clause in a parenting matter?
Ontario, Canada
The following excerpt is from Patterson v. Powell, 2014 ONSC 1419 (CanLII):
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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