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Family Law and student caring arrangements
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We are a separated family; do I need to supply our Family Court order to the school?

As a parent/carer, you have a responsibility to advise the school immediately if any changes occur to your family's circumstances that has the potential to impact on the relationship between the school and parents and/or student.

You should provide the school with copies of any court orders or domestic violence orders, as soon as possible. The school will assume that both parents retain equal parental responsibility for their children, unless they are provided with court orders which provide otherwise.

Unless parental responsibility has been removed by a court order, generally both parents are entitled to be recorded at the school as legal guardians and may be provided with school reports, newsletters, school photos and invitations to school events.  However, in some circumstances a domestic violence order or family court order may prevent a parent with parental responsibility from collecting their children or attending teacher interviews or other school events.

 

I don't have a court order, but I have specific instructions regarding my estranged partner having contact with our child or the school.

Our schools are places of teaching and learning, as well as social and emotional development. In all measures possible, schools should be zones free of parental conflict.  For this reason, schools are unable to act as venues for contact between parents and children.  Generally, schools cannot prevent a parent from collecting a child from school, even where there is some dispute between the parents as to whom should be collecting the child.

However, exceptions to this include:

  • Where a parent has had their parental responsibility removed by a court, where there is an order (family law or domestic violence order) prohibiting contact or unsupervised contact between a parent and child,
  • Where the school is aware that the child would be at a risk of harm in the care of that parent or the child refuses to go with the parent (as the school cannot physically intervene to achieve contact).

 

Brisbane Catholic Education Office

243 Gladstone Road, Dutton Park Q 4102

GPO Box 1201 Brisbane 4001 Australia

Phone: (07) 3033 7000

Fax: (07) 3844 5101