Custody Orders And Police Assistance For Spousal Child Abductions

Having a custody order from the court is very important in the case of a spouse taking a child away because the police are unlikely to be able to assist you unless there’s a court order.

When seeking a custody order for our clients, we make sure that the order contains the appropriate terms needed by the police in order for them to enforce it. This language, or terminology, is becoming more and more important. In the past, police used to enforce a custody order simply because it was there. Now, we are encountering more and more situations where the police officers will say, “Well it doesn’t direct us to enforce this order so there is nothing we can do.”

If you want a custody order, especially if you suspect that your spouse may try to take the children, you should be aware that the language in the order must be very specific. Just having the custody order is certainly important, but it’s more important to be aware of how you can make it work best for you. Consulting an experienced family law lawyer is the best way to ensure that your custody order protects you and your children, and doesn’t leave any room for the possibility of abduction.


If you, or someone you care about, is dealing with family law issues in York Region, Durham Region or Toronto, contact Feldstein Family Law Group for a consultation.

This article is taken from a July 31, 2008 interview with Andrew Feldstein, Family Lawyer with Feldstein Family Law Group, a Toronto Ontario Family Law Firm. Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.