Parents responsibility when they separate

When parents separate it is usual for one of them to be granted custody of the child. An increasingly common custody order is one for joint or shared custody. In this case both parents, although separated, share the custodial responsibility, largely making their own arrangements about the day to day care of the child. This order may be used where the parents live near each other and are still on reasonably good terms.

A parent who has custody does not, for that reason, have sole control over the child’s education or have the sole right to regulate, supervise and direct the life of the child. That is a function of guardianship. Both parents, however, retain guardianship and the rights which belong to a guardian, regardless of the custody arrangements.

When parents have separated and custody arrangements have not been formalised, both parents have custodial and guardianship rights. If disputes over custody arise, it is not the responsibility of the school to arbitrate.

Unless the Court rules otherwise, both parents, as guardians are entitled to:

1. A copy of their child’s reports.

2. Discuss the educational progress of their child with Principal and teacher in the same way as any other parent.

3. Contribute to major educational decisions affecting the child eg: decide which school the child attends, special class admission, religious instruction.

4. Participation in P.T.A.. and other parent functions at the school.

5. See official records about the child as are normally shown to parents (eg: record cards).

Parents are requested, therefore, to give the school the correct information regarding:

1. Custody

2. Access arrangements

3. Name and address of both parents

4. Name of the lawyer appointed for the children (if applicable)

5. Any other relevant information eg: non molestation order or non violence order in force.

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