Thursday, February 21, 2013
Family Law Clinic: Can police enforce a contact order?
Unfortunately, it is not at all unusual for the police to become involved in contact disputes, especially where there are problems when the children are (or are supposed to be) handed over from one parent to the other. However, can they force the parent with whom the children live to hand them over to the parent in whose favour a contact order has been made?
The simple answer is that the police will not want to get involved in this way. Their primary concern will be that the children are safe, and if they are happy that they are, they will not normally intervene, even if it appears that a court order is being breached (obviously, they would intervene if a crime has been committed).
If a contact order has been breached, then the parent in whose favour it was made will have to return to the court to enforce it. There are a number of ways that courts can enforce contact orders, and a specialist family lawyer will be able to advise upon the best course of action to take.