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Family Law Issues for Irish Schools-Common Questions

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Terry Gorry
Terry Gorry

The document discusses the responsibilities of schools when relationships between parents break down. It outlines that guardianship, access, and custody are the key legal considerations for schools. Guardianship determines a parent's right to information from the school. The document provides details on how guardianship is determined for married or unmarried parents, as well as separated or divorced parents. It advises schools to seek legal clarification if there is a dispute between parents over access to information. Failing to provide information to an unmarried father who is a legal guardian was highlighted as a costly legal mistake made by one school.

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What are the responsibilities of schools where relationships break down? http://EducationLawIreland.com
Guardianship (this is the most important one for schools because the right to information from the school flows from this) Access Custody http://EducationLawIreland.com
Guardianship means the rights and duties of parents in respect of the upbringing of their children. A guardian has the right to make all major decisions affecting the child's upbringing, including education, medical treatment, religious matters, health requirements, general lifestyle, development and decisions about leaving the country http://EducationLawIreland.com
Access is the right to see and communicate with the child http://EducationLawIreland.com
Custody is the right of a parent to exercise day to day care and control (physical) of the child http://EducationLawIreland.com
The natural mother is automatically a guardian of the child Whether the father is a guardian or not will depend on his relationship with the mother-if they are married he is automatically a guardian If they are not married he is not a guardian But.. http://EducationLawIreland.com
An unmarried father can become a guardian in one of two ways: He can apply to Court under section 6A of the Guardianship of Infants Act, 1964 to be made a guardian or With the mothers agreement and a statutory declaration signed by both of them, in accordance with the Children Act, 1997 (Section 4) http://EducationLawIreland.com
Married parents? Both are guardians and entitled to information from school Separated? Both parents are still guardians and entitled to information from school Divorced? Both parents are still guardians and entitled to information from schools Unmarried? Only the mother is entitled to information unless the father has become a guardian (by Court order or Statutory Declaration) http://EducationLawIreland.com
All information emanating from school eg School reports Parent/teacher meetings Any other meetings to do with the childs education and/or welfare (including religion) http://EducationLawIreland.com
If there is a dispute between parents in relation to any of these issues the school would be well advised to.. Seek a solicitors letter from one or both parents clarifying the position Consult a solicitor for advice http://EducationLawIreland.com
A parent may furnish a Court Order from the family law Court which purports to set out the current position However.. The school will not know whether this Order reflects the latest position between the parties or not Family law disputes can be bitter and protracted with many trips to Court for Orders, variation of orders etc. http://EducationLawIreland.com
A recent Equality Tribunal decision was a finding against a school for discriminating against an unmarried father by failing to furnish him with the same information from the school as the mother The father was a guardian This was a costly mistake as the Equality Tribunal awarded the father monetary compensation in the thousands against the school http://EducationLawIreland.com
Terry Gorry, Solicitor Terry Gorry & Co. Solicitors Enfield, Co. Meath http://EducationLawIreland.com http://BusinessAndLegal.ie terry@educationlawireland.com Tel: 086/81 21 797 or 046/95 51 362 http://EducationLawIreland.com

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Family Law Issues for Irish Schools-Common Questions

  • 1. What are the responsibilities of schools where relationships break down? http://EducationLawIreland.com
  • 2. Guardianship (this is the most important one for schools because the right to information from the school flows from this) Access Custody http://EducationLawIreland.com
  • 3. Guardianship means the rights and duties of parents in respect of the upbringing of their children. A guardian has the right to make all major decisions affecting the child's upbringing, including education, medical treatment, religious matters, health requirements, general lifestyle, development and decisions about leaving the country http://EducationLawIreland.com
  • 4. Access is the right to see and communicate with the child http://EducationLawIreland.com
  • 5. Custody is the right of a parent to exercise day to day care and control (physical) of the child http://EducationLawIreland.com
  • 6. The natural mother is automatically a guardian of the child Whether the father is a guardian or not will depend on his relationship with the mother-if they are married he is automatically a guardian If they are not married he is not a guardian But.. http://EducationLawIreland.com
  • 7. An unmarried father can become a guardian in one of two ways: He can apply to Court under section 6A of the Guardianship of Infants Act, 1964 to be made a guardian or With the mothers agreement and a statutory declaration signed by both of them, in accordance with the Children Act, 1997 (Section 4) http://EducationLawIreland.com
  • 8. Married parents? Both are guardians and entitled to information from school Separated? Both parents are still guardians and entitled to information from school Divorced? Both parents are still guardians and entitled to information from schools Unmarried? Only the mother is entitled to information unless the father has become a guardian (by Court order or Statutory Declaration) http://EducationLawIreland.com
  • 9. All information emanating from school eg School reports Parent/teacher meetings Any other meetings to do with the childs education and/or welfare (including religion) http://EducationLawIreland.com
  • 10. If there is a dispute between parents in relation to any of these issues the school would be well advised to.. Seek a solicitors letter from one or both parents clarifying the position Consult a solicitor for advice http://EducationLawIreland.com
  • 11. A parent may furnish a Court Order from the family law Court which purports to set out the current position However.. The school will not know whether this Order reflects the latest position between the parties or not Family law disputes can be bitter and protracted with many trips to Court for Orders, variation of orders etc. http://EducationLawIreland.com
  • 12. A recent Equality Tribunal decision was a finding against a school for discriminating against an unmarried father by failing to furnish him with the same information from the school as the mother The father was a guardian This was a costly mistake as the Equality Tribunal awarded the father monetary compensation in the thousands against the school http://EducationLawIreland.com
  • 13. Terry Gorry, Solicitor Terry Gorry & Co. Solicitors Enfield, Co. Meath http://EducationLawIreland.com http://BusinessAndLegal.ie terry@educationlawireland.com Tel: 086/81 21 797 or 046/95 51 362 http://EducationLawIreland.com