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What Authority Does The Police Have In Child Custody Cases?

01 Sep, 2025Admin

The police generally have very limited authority to remove a child from one parent and give that child to the other. In most jurisdictions, including St. Kitts and Nevis, the police are not the arbiters of custody disputes; instead, this role is reserved for the family court. The court issues orders concerning custody, care, and control of children under the relevant family and child protection laws, and those orders determine with whom the child should reside.

The police may intervene in only a few specific circumstances. First, if there is an existing court order (for example, granting custody to one parent) and the other parent is wrongfully withholding the child, the police may assist in enforcing that order. Second, under the Child Protection Act, if the police believe that a child is at immediate risk of harm, abuse, or neglect, they may remove the child temporarily and place him or her in the care of social services until the court decides on longer-term arrangements. In those cases, the police are acting to protect the child’s welfare, not to settle custody disagreements.

Outside of these limited situations—court order enforcement or urgent protection of a child—the police cannot lawfully take a child from one parent and hand the child over to the other. Parents seeking custody changes or enforcement of their rights must apply through the court, usually by way of a custody application, variation of custody, or enforcement of existing orders. The police’s role is supportive and protective, not determinative of custody.