IPPN

Published: 01 March 2004

The issue of child custody as it applies to the right of either parent/guardian to collect their child(ren) from school is often highly charged with emotion and great pressure put on principals.

The classic scenario presents where one parent will inform the principal that there is relationship breakdown with the added hypothesis of the likelihood that the estranged parent may collect the child and abscond. Such a scenario is quite frightening and presents nightmare images. However, from the principal's perspective there is no basis for the class teacher or principal to deny either parent or guardian the right to collect his/her child from school unless there is a Court Order instructing the school otherwise. A solicitor's letter is not a Court Order. Anyone can ask a solicitor to write a letter on their behalf but is has no legal imperative.

Some recommendations:

1. Inform the parent/guardian that requests denial of access to the other partner, the inability of the school to pass judgment on rights of access/collection.

2. Suggest that if there is a serious concern along the lines of abduction or leaving the country with the child(ren), then the parents/guardian should request their solicitor to seek a Court Order instructing the school and any other carers of the child(ren) re rights of access/collection etc.

3. Meanwhile, the school can offer maximum cooperation and support to the concern parent/guardian along the lines of:

• that the principal assures the concerned parent/guardian that maximum awareness and attention will be given by class teacher and others in the school who are involved in the care of their child(ren) with respect to all aspects of parent-school communication and collection of children
• in the case where the estranged parent/guardian is not known to the class teacher (often the case in larger schools) that the concerned parent/guardian would provide a family photograph enabling the class teacher identify the person in question
• that the class teacher/principal will inform the concerned parent/guardian immediately if the other partner contacts, calls to, or seeks to collect the child(ren) from the school.

These practical measures can in no way deny either parent/guardian access to their child(ren) but are based on basic humanitarian support for a distressed parent/guardian. Ultimately only a Court Order can change the existing rights of both parents/guardians.

Is mise Le meas,

Seán Cottrell
Director