What you need to know about the relationship between Parenting Orders and schools

Parenting orders, issued under the Family Law Act 1975 (Cth), are legally binding documents that outline arrangements for children following parental separation. For schools in New South Wales, these orders interact with the Education Act 1990 (NSW), with the child’s educational and welfare needs being the paramount consideration.

It is important for parents to understand that although schools will usually make genuine efforts to respect the arrangements set out in any court orders, they are not legally required to enforce those orders.

In the absence of specific court orders, the decision to enrol a child generally requires the agreement of both parents. If parents disagree and no court order exists, the child is typically enrolled in the school chosen by the parent with whom the child lives. Schools prioritise the child’s best educational and welfare interests, especially if a child is already settled in a school.

Unless a court order explicitly removes a parent’s parental responsibility or restricts access, both parents are generally entitled to receive information about their child’s education, including reports, newsletters, and notices of major events. Schools will provide relevant documentation to both parents upon request but will not disclose the other parent’s address or contact details without consent. If a court order denies parental responsibility or restricts information access, schools will comply with those specific terms.

Both parents can typically attend school events and activities unless a court order specifically prohibits their attendance or their presence causes a disturbance. Schools aim to facilitate a child’s normal relationship with both parents.

A parent with parental responsibility can pick up their child from school, including during school hours for valid reasons (e.g., medical appointments), unless a court order states otherwise. Schools will not mediate disputes between parents regarding pick-up arrangements and may involve police if a confrontation occurs or safety is at risk.

The School’s Role

• Not an Enforcement Body: Schools are not responsible for enforcing parenting orders or resolving parental disputes. Their primary role is to provide education and ensure the child’s welfare and safety.
• Facilitation, Not Interpretation: Schools will generally facilitate arrangements consistent with court orders provided to them but are not expected to interpret complex legal documents.
• Safety First: In situations of conflict or potential danger, school staff are advised to contact the police rather than intervene physically.

Parents are encouraged to provide schools with copies of all relevant and current court orders and to communicate any changes in arrangements promptly. They are an important tool for setting out parenting arrangements, but they do not place a binding obligation on schools.

To ensure your parenting orders cover the school arrangements you need, please contact one of our Family Law Solicitors at Solari & Stock today. Reach out to our experienced Sutherland Shire Solicitors on 8525 2700 or click on the Book Now button below. Our experienced Family Law Solicitors include Riccarda Stock, Nicole Quirk, Shweta Kumar, Nikita Ward, and Mia Doncevski.

Article written by Shweta Kumar
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