Every Catholic school strives to be a spiritual, respectful and sharing place where education is an active partnership between parents, the school and the community.
Catholic schools recognise that parents are a child’s first teachers.
Catholic schools acknowledge the difficulties faced by students and parents when confronted with separation, divorce and remarriage. It is important the school strives to support students and families through such difficult times.
The Family Law Act 1975
One of the primary objectives of the Family Law Act 1975 (the Act) is to ensure that the best interest of children are met, including by ensuring their safety, and that the best interests of a child is the paramount consideration in making a parenting order.
The Act also aims to provide children with the right to know and be cared for by both their parents regardless of whether their parents are married, separated, have never married or have never lived together. Generally, children have a right to spend time with and communicate with both their parents and with other people significant to their care, welfare and development on a regular basis.
Parental responsibility where there are no orders in place
Where there are no court orders in place, each parent automatically has parental responsibility for a child until the child turns 18.
Parental responsibility under the Act means “all the duties, powers, responsibilities and authority which, by law, parents have in relation to children”.
Parental responsibility between the parents continues unless and until a court provides otherwise.
The Act encourages each parent with parental responsibility of a child to consult about major long-term issues, including:
- education
- religious and cultural upbringing
- health
- living arrangements
- the child’s name
and in doing so have regard to the best interests of the child.
Where parents have shared responsibility, both parents are generally:
- responsible for school fees (but this does not necessarily mean that both parents are also liable for the payment of school fees, as it will depend on who signed the contract of enrolment)
- entitled to access information about the child’s schooling
- entitled to attend school activities (subject to any safety considerations, both related to the child, other students, staff and other parents or family members).
From time to time, however, a child may be the subject of a Parenting Order.
Parenting orders
A court can make orders that affect the parental responsibility of a parent, including making an order that one parent has sole parental responsibility. A court can also make other orders, including orders that:
- limit and control how a parent can spend time with a child
- require a child to be enrolled in a particular school
- allow or limit a parent’s attendance at school events and involvement in school activities
- allow or limit a parent’s access to information about the child.
The role of schools
It is not the role of schools to:
- enforce the operation of Parenting Orders or other court orders (unless the court orders are directed at a particular school)
- ensure that parents have equal access or have consulted about major long-term issues.
Schools are not subject to Parenting Orders as the school is not a party to the orders.
If one parent believes the other parent is not complying with Parenting Orders, it is up to that parent to make an application to a court to enforce the orders.
To the extent that it can, the school may facilitate compliance with the Parenting Orders.
Schools should ensure they are provided with up to date and accurate information about Parenting Orders, or other relevant court orders, such as Apprehended Domestic Violence Orders.
The paramount consideration when dealing with students and families facing separation, divorce or remarriage is to ensure the safety of the student and to appropriately discharge the school’s duty of care to the student.
Need more help?
The information contained on this website is of a general nature only and does not constitute legal advice. There may be other obligations imposed on schools in relation to responding to a subpoena that are not mentioned here.
If your school needs help with a family law related issue, you can contact the Catholic Schools New South Wales Legal Hotline:
- Call 1800 4Catholic Schools New South Wales (1800 427 679).