When making family law orders, the Courts are often required to determine school-related issues such as which parent will collect the child/ren from school on certain days or which school the child/ren will attend. The Courts acknowledge that litigation about these issues can be stressful for families and children, and that the implementation of court orders has the potential to create challenges for schools (including kindergartens and childcare providers) and schools need to address the needs of children and parents in these difficult circumstances.

The first port of call for schools and families is to check whether the particular school already has an existing policy in dealing with parenting orders made by the Courts. Many schools engage specialist service providers for this purpose. While the Courts cannot provide schools with legal advice, the links below from the respective State and Territory Departments of Education may assist schools and families in better understanding what their obligations are in relation to family law orders.

The Courts continue to acknowledge the significant role schools play in supporting the children of families who may be in conflict.

ACT

Family Law Policy - Education (act.gov.au)

New South Wales

Family law guidelines (nsw.gov.au)

Northern Territory

NT Department of Education

South Australia

Custody issues in education (www.sa.gov.au)

Tasmania

The Department for Education, Children and Young People Tasmania (decyp.tas.gov.au)

Victoria

Decision Making Responsibilities for Students: Policy | education.vic.gov.au

Queensland

Contact us (education.qld.gov.au) / FAQS Same day student absence notification (education.qld.gov.au)

State schools are referred to the Departmental Intranet for information about family law matters affecting State schools.