School administrators and teachers can often be caught in the middle of child custody situations. It is always best if an administrator can sit down with the parents and work out a mutually acceptable solution. That of course, is not always possible.

In case of dispute:

• If there is a custody order in place, accept directions from the custodial parent
• Unless there is a custody order in place, stating otherwise, both parents will have legal custody of the children.In such a case, taking instructions form the parent with whom the children are living is the best approach.

With regard to sharing information with the non-custodial parent, the law is fairly clear. Subsections 9(2) and (3) of The Children's Law Act provide:

9(2) Unless otherwise ordered by the court, a parent who is granted access to a child has the same right as the custodial parent to make inquiries and be given information concerning the health, education and welfare of the child.

(3) The right of a parent who is granted access described in subsection (2) is not, unless the court orders otherwise, a right to be consulted about or to participate in the making of decisions by the custodial parent.

The school should continue to provide the non-custodial parent who has access to the children with information concerning the educational progress of the children, unless the school becomes aware of a court order that indicates it has no legal right to do so. The information can include copies of report cards, copies of test scores or any other information that would be released in the ordinary course to all parents.

Access is often within the court order dealing with custody. If you have any information that leads you to doubt that a non-custodial parent has access to the child, you can require the non-custodial parent to provide you with some proof that they do have access.

A parent who has been granted access to a child does not have an unfettered right to show up at the school at any time and spend time with the child. If the non-custodial parent has access to the children this access is to be arranged by the parents. The parent with custody is the one to whom the school must look with regard to instructions about the children at school. A parent who has been granted access is entitled only to information about the education of the child. They are not allowed to make decisions about the education of the child.

It should be kept in mind that school administrators have the right to refuse entry to school property to any person who might disturb the educational environment. This includes parents who have access to the children.

Non-custodial parents should not be allowed to take part in school trips without authorization from the custodial parent. This is something the school must leave tot he parents to work out. Unless there is some other reason (such as the person causing a disturbance) a non-custodial parent would be free to attend public events at the school.

In the case of a joint custody situation, it would be advisable to clarify with the parents as early as possible how the arrangement will be working. If there is any doubt as to who has the decision-making ability with regard to the child, a good general rule is to look to the parent who sends the child to school. It will be that parent who can write the note about gym class or who will be called if the child forgets to bring lunch.