When parents separate, it can make life very difficult for the staff at the children’s schools.

We recently had a query from a Principal about how to deal with parents who were at war with each other.  The principal was particularly concerned about the school’s obligations where there is a protection order in force under the Domestic Violence Act.

There are five basic issues that you need to be aware of:

Guardianship Rights

If a parent is a guardian of a child, they have the right to be informed of any major events in their child’s life.  This generally includes where the child goes to school, whether they have any serious medical issues, and what type of religious upbringing they are to have.

A mother is automatically a guardian of her child.  A father is only automatically a guardian of a child if he was:

• Married to the mother when the child was born; or
• Living with the mother at the time of the child’s birth (if the child was conceived before 1 July 2005); or
• Living with the mother at any time during the pregnancy (if the child was conceived after 1 July 2005); or
• Registered as the father on the birth certificate, if such registration is made after 1 July 2005.

If the father is not automatically a guardian, then he may apply to the Court for an order declaring him a guardian.  The only way you will know whether or not a father is a guardian is if you ask the parents.

You should inform guardians of issues relating to vaccinations, and also provide guardians with school reports and newsletters.  Fathers who are not guardians should not expect to receive the same level of information.

Is There a Right to be Involved in School Activities?

In general, both parents should be advised of school trips, concerts, sporting events and any other events involving the children.  However, there are two situations where this information should not be provided:

1. If the Court has made an order that one of the parents is not allowed to have any contact with the child; or
2. If the Court has granted a protection order against one of the parents.

You will need to rely on the parents or social workers to advise of any Court orders.

Protection Orders

If a protection order is in place between parents, it means that one parent cannot contact the other, or be in the same place.  In most cases a protection order also includes the children and means that one parent cannot contact the children either.  Where there is a protection order in place protecting one of your pupils, you should ask for a copy of the order for your records.  If the restricted parent comes to the school, you should call the police immediately and tell the police about the protection order.

Contact Issues

We were recently asked how to deal with a situation where a parent, who was told by the Court he could not have contact (formerly access) with his child, was hanging around the school gate.

You are not required to enforce Court orders which state a parent is to have contact with the children at specific times only.  You are not responsible for monitoring who is waiting at the school gate, however if you are aware of a problem, then you should take the following action:

1. Advise the parent who has the care of the children that the other parent has been at the school, and discuss with them how to handle the situation;
2. If necessary, the parent trying to see the children should be asked not to come to the school;
3. If the parent returns, arrange for a trespass order to be served, although this may not be effective if the parent does not actually come onto the school ground;
4. If the parent persists after receiving the trespass order, call the police and refer them to the relevant Court orders.

Liability

You are not liable for any problems that occur between parents on school grounds.  You should:

1. Obtain copies of any protection orders or Court orders which apply to children at the school; and
2. Check with the primary caregiver whether information should be provided to the other guardian of the child.  If the answer is no and the other guardian or parent is not happy with that decision, then that person should be referred to a lawyer to make an application to the Family Court.

If you are concerned about the safety of a child at the school you should call the police.