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 Family law problems and the classroom |
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Understanding Court Orders
The Family Law Act provides that each parent retains their parental responsibility in the absence of a Court Order expressly providing to the contrary.
It is crucial that if orders have been made that effect a child the child's teachers and school be given a copy of the orders and understand those orders. An Order made for residence or contact does not, unless specifically provided, otherwise remove any of the duties, powers, responsibilities and authority which a parent has by law.
School Reports
Teachers can be requested to provide the parent with whom the child does not normally live with copies of their children's reports and should, in the absence of an order preventing this from occurring.
Sports Carnivals, School Concerts etc
Because each parent, in the absence of a specific order, will have parental responsibility, both parents can insist on attending school to watch their children be involved in school concerts, sports carnivals and other organised activities. Parents should not be excluded from these activities unless the Orders specifically provide for a particular parent not be involved. The resident parent cannot require the other parent to stay away.
Family Violence and Apprehended Violence Orders
Often in Family Law proceedings one parent will have taken out what is called an Apprehended Violence Order (AVO) against the other parent. Usually these Orders provide that one parent is not to molest, assault, intimidate, harass or otherwise interfere with the other parent and/or go within 100 metres of the other parent, their residence, place of work and sometimes the children's school.
AVOs usually have in them a provision that the restrictions apply except when a parent is exercising contact in accordance with an order under the Family Law Act.
AVOs carry criminal sanctions if a person subject to them breaches the order. If a parent who is subject to an Order is breaching it by attending the school or approaching the child, the teacher can and should contact the Police and inform them of the breach.
Changing a Child's name
Often when parents separate they wish to change the child's surname. Parents are often unsure how to do so and this can create confusion in a school particularly if the student has other siblings in the same school with different surnames.
A person can be known by any name they wish and use that name provided it is not for the purposes of fraudulent activity. Sometimes however, the court may make orders such as those requiring a parent to ensure a child is known by no other name than "Jane Smith". In such circumstances it would be a breach of the Court Order if the child is enrolled or known by a different name.
Can a Teacher give information in the Legal proceedings?
Sometimes persons authorised by the Family Court to write a Family Report will contact a teacher about the emotional, developmental and academic progress of a child. These persons are normally skilled child psychiatrists, child psychologists or social workers.
A Children's Representative (solicitor appointed by the Court to represent children in certain cases) can also contact a child's teacher to gather similar information in an effort to determine the best interests of the child.
A teacher may also be required to appear in court and give evidence if there has been a subpoena issued requesting their evidence. School records may be made available to the parties if a subpoena has been issued. School records will be useful in verifying attendance records, accident reports and general progress and behaviour.
If you have any queries in relation to the extent of involvement a school is authorised to have or your rights in relation to your child at school you should consult a family law specialist.
February 2001
February, 2001
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