Introduction
Parents often assume that once parenting orders are made, schools will enforce them. In practice, this is not the case. Parenting orders are binding only on the parents, not on schools. Understanding the role schools play in this context helps parents avoid unnecessary disputes and confusion.
Who is bound by parenting orders?
Parenting orders made under the Family Law Act 1975 are binding on the parties to them. This usually means the parents and, in some cases, other carers who are granted parental responsibility rights. Importantly, schools are not parties to parenting orders.
Although schools will usually make genuine efforts to respect the arrangements set out in parenting orders, they are not legally required to enforce those orders. This distinction is often misunderstood and can cause tension between parents and schools.
The school's primary obligations
Schools owe their obligations to the enrolled children and to both parents, regardless of what a parenting order may say. They are required to act in the best interests of the children, comply with education law and policy, and ensure a safe and supportive learning environment.
Conflicts can arise where a parenting order restricts one parent's involvement, but the school has obligations to engage with both parents. For example, a parenting order may:
- limit a parent's time with the child, but the school may still have to provide that parent with access to academic reports and information about the child
- specify who collects the child from school, but the school must also balance its duty of care and risk management policies.
Common misunderstandings
Parents sometimes expect schools to 'police' parenting orders, for example by:
- refusing to provide information to the other parent
- preventing a parent from attending school events
- blocking communication between one parent and teaching staff.
Unless the parenting order expressly addresses these matters in a way that can be reasonably implemented by a school, schools are unlikely to enforce such restrictions. In fact, they may be unable to do so without breaching their own legal and professional obligations.
Practical steps for parents
There are a range of steps that parents can take to reduce the risk of conflict with their child's school.
- Draft clear and specific orders. When negotiating or seeking parenting orders, parents should ensure that any limits on a parent's involvement with the school are expressly set out. Vague orders can create confusion and leave schools in a difficult position.
- Communicate early with the school. Provide the school with a copy of the parenting orders and explain any arrangements that affect the child's schooling. This helps staff understand expectations from the outset.
- Consider the school's perspective. Schools usually have obligations to both parents. When seeking to limit a parent's contact with the school, parents should ask whether the proposed order is realistic and enforceable by the school in day-to-day practice. Limiting parental contact is unusual and may be viewed unfavourably by a court.
- If there are risks, prioritise safety. Where family violence or safety concerns are present, ask the court to explicitly include school-related restrictions – such as preventing the other parent from attending school grounds.
- Seek legal advice before disputes escalate. If there are issues with how a school responds to parenting orders, parents should seek legal advice. Attempting to pressure schools into enforcing orders they are not required to follow often makes matters worse.
Key takeaway
Parenting orders are an important tool for setting out parenting arrangements, but they do not place binding obligations on schools. Parents who want schools to play a role in managing or limiting parental involvement need to ensure that these terms are carefully drafted into their orders. Open communication with schools and realistic expectations are essential to avoid conflict and protect the best interests of the child.
Do your parenting orders cover the school arrangements and contact you need? Please contact one of our experienced family lawyers.
Cooper Grace Ward is a leading Australian law firm based in Brisbane.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.
