36 (1) Where a court is satisfied upon application by a person in whose favour a parenting order or contact order has been made with respect 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 or her behalf to apprehend the child for the purpose of giving effect to the rights of the applicant to decision-making responsibility, parenting time or contact, as the case may be.  R.S.O. 1990, c. C.12, s. 36 (1); 2020, c. 25, Sched. 1, s. 12 (1). Order to locate and take child (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 decision-making responsibility, parenting time or contact with respect to the child; (b)  that a person who is prohibited by court order or separation agreement from removing a child from Ontario proposes to remove the child or have the child removed from Ontario; or (c)  that a person who is entitled to parenting time or contact with respect to a child proposes to remove the child or to have the child removed from Ontario and that the child is not likely to return, the court by order may direct a police force, having jurisdiction in any area where it appears to the court that the child may be, to locate, apprehend and deliver the child to the person named in the order.  R.S.O. 1990, c. C.12, s. 36 (2); 2020, c. 25, Sched. 1, s. 12 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 36 (2) of the Act is amended by striking out “police force” in the portion after clause (c) and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 5 (1)) Application without notice (3) An order may be made under subsection (2) upon an application without notice where the court is satisfied that it is necessary that action be taken without delay.  R.S.O. 1990, c. C.12, s. 36 (3). Duty to act (4) The police force directed to act by an order under subsection (2) shall do all things reasonably able to be done to locate, apprehend and deliver the child in accordance with the order.  R.S.O. 1990, c. C.12, s. 36 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 36 (4) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 5 (2)) Entry and search (5) For the purpose of locating and apprehending a child in accordance with an order under subsection (2), a member of a police force may enter and search any place where he or she has reasonable and probable grounds for believing that the child may be with such assistance and such force as are reasonable in the circumstances.  R.S.O. 1990, c. C.12, s. 36 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 36 (5) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 5 (3)) Time (6) An entry or a search referred to in subsection (5) shall be made only between 6 a.m. and 9 p.m. standard time unless the court, in the order, authorizes entry and search at another time.  R.S.O. 1990, c. C.12, s. 36 (6). Expiration of order (7) An order made under subsection (2) shall name a date on which it expires, which shall be a date not later than six months after it is made unless the court is satisfied that a longer period of time is necessary in the circumstances.  R.S.O. 1990, c. C.12, s. 36 (7). When application may be made (8) An application under subsection (1) or (2) may be made in an application for a parenting order or contact order or at any other time.  R.S.O. 1990, c. C.12, s. 36 (8); 2020, c. 25, Sched. 1, s. 12 (3). Section amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 6 (1-3) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 5 (1-3) - not in force 2020, c. 25, Sched. 1, s. 12 (1-3) - 01/03/2021 Court orders, removal and return of children