132.1(1)Where a court is satisfied upon application by a person in whose favour an order has been made for custody of or access to a child that there are reasonable and probable grounds for believing that any person is unlawfully withholding the child from the applicant, the court by order may authorize the applicant or someone on his behalf to apprehend the child for the purpose of giving effect to the rights of the applicant to custody or access, as the case may be.
132.1(2)Where a court is satisfied upon application that there are reasonable and probable grounds for believing
(a)
that any person is unlawfully withholding a child from a person entitled to custody of or access to the child,
(b)
that a person who is prohibited by court order or separation agreement from removing a child from the Province proposes to remove the child or have the child removed from the Province, or
(c)
that a person who is entitled to access to a child proposes to remove the child or to have the child removed from the Province and that the child is not likely to return,
the court by order may direct any or all police officers having jurisdiction in an area where it appears to the court that the child may be, to locate, take charge of and deliver the child to the person named in the order.
132.1(2.1)The court may in an order under subsection (2), authorize a police officer to enter a dwelling described in the order for the purposes of subsection (2), if the court is satisfied by information on oath or solemn affirmation that the child named in the order is or will be present in the dwelling.
132.1(2.2)An authorization to enter a dwelling granted under subsection (2.1) is subject to the condition that a police officer may not enter the dwelling unless the police officer has, immediately before entering the dwelling, reasonable and probable grounds to believe that the child named in the order is present in the dwelling.
132.1(2.3)A court may, by separate application, issue an order authorizing a police officer to enter a dwelling described in the order for the purpose of taking charge of and delivering a child to the person named in the order under subsection (2) if the court is satisfied by information on oath or solemn affirmation that there are reasonable and probable grounds to believe that the child is or will be in the dwelling and that an order to locate, take charge of and deliver the child has been made under subsection (2) and that the order has not expired.
132.1(3)An order may be made under subsection (1) or (2) upon an application without notice where the court is satisfied that it is necessary that action be taken without delay.
132.1(4)Any police officer directed to act by an order under subsection (2) shall do all things reasonably able to be done to locate, take charge of and deliver the child in accordance with the order.
132.1(5)For the purpose of locating and taking charge of a child in accordance with an order under subsection (2), a police officer may enter and search any place where he has reasonable and probable grounds for believing that the child may be with such assistance and such force as are reasonable in the circumstances.
132.1(5.1)Without limiting or restricting any power a police officer may have to enter a dwelling under this or any other Act or law, a police officer may enter a dwelling for the purpose of locating and taking charge of a child in accordance with an order under subsection (2), without an authorization from the court to enter the dwelling, if the police officer has reasonable and probable grounds to believe the child is in the dwelling but by reason of exigent circumstances it would be impracticable to obtain an order under subsection (2.3).
132.1(6)An order made under subsection (2) expires six months after the day on which it was made, unless the order specifically provides otherwise.
132.1(7)An application under subsection (1) or (2) may be made in an application for custody or access or at any other time.