Access Rights of Parents:

Word Version .Pdf Version

With the growing social trend of parents separating from each other comes the issue of parental rights over children of the family. This issue affects you too, in your role as principal and/or vice-principal, in so far as you also act as custodian for those children for part of the day. The purpose of this article is to raise your awareness and to provide you with a risk management tool to avoid potential complaints being made by parents against you and challenging the adequacy of the supervision of their children while on school premises. The examples provided are not exhaustive and there are always exceptions to any circumstances. If in doubt, always err on the side of caution. When in doubt, the best response is often, “No”!

In order not to become embroiled in parental disagreements regarding access rights, it’s advised that you abide by the basic premise, which is to maintain the status quo position. If you are asked to deviate from the status quo insist upon satisfactory documentary evidence to warrant such a deviation. This should be in the form of a court order (interim or final), a Separation Agreement with certificates of independent legal advice attached, a restraining order, or a direction from a Child Agency or the police. If you are provided with a request from a lawyer or other advocate acting on behalf of a parent, do not respond without seeking legal advice.

The most common situations include: Access rights to the student while on school property, access to the student’s teacher, release of personal information relating to the student e.g. address, new school location if appropriate, extra curriculum activities, and venues and the rights of cohabitees

Access rights to the student while on school property

Remember that your primary concern and duty is to protect the well being of your students while they are in your care and control. If you know that there is some marital discord in the parents’ relationship, which may or may not include a separation, you should ensure that you are provided with copies of any Court orders that govern the right of access to either parent. Often access is given on very specific terms and the order may address the issue of visiting the student at school. If you, as administrator, do not have such a Court order but one of the parents has sought to restrict the access rights of the other, you should seek legal assistance.

Access to the student’s teacher: Whether or not there is an order restricting access and/or custody rights, each parent is entitled to meet with the member(s) of staff who teach their child(ren) in order to discuss academic progress. In the event of parental estrangement, it is usually helpful if separate meetings can be arranged for parent/teacher interviews so that both parents can attend independently. Always provide staff with your support. If the meeting becomes acrimonious it should be ended.

Release of Personal Information: Approach this type of matter with caution. Often the custodial parent may have good reason for not disclosing the student’s address. If you are asked to divulge information to the non-custodial parent, contact the custodial parent immediately and seek his or her guidance. To ensure the validity of the request, ask the parents to provide you with a Court directive. You should always err on the side of caution and should not release any confidential information relating to a student to any third party.

Rights of Cohabitees: The cohabitees’ rights is an area that can present problems for you. A cohabitee does not have any parental rights vis à vis a child, unless you have been provided with evidence to the contrary. This removes you from the delicate dilemma of having a boyfriend/girlfriend appear at the school to collect a student. It is always desirable if the parents have an interim or final Court order, which specifies the terms for pick-up of children from school.
In conclusion, you are advised to maintain the status quo. If you are asked to alter this in any way, ask for a Court order, which varies the existing arrangement. Until you see this do not alter anything you are already doing. Always ensure that you keep your supervisory staff informed of any access restrictions. If you have any concerns contact a lawyer immediately.

For more information about Professional Legal Expense Insurance for Principals & Vice-Principals (PLEI) or to find a broker in your province, click here.