Schools are often caught in the middle of divorces, custody disputes, and disagreements about visitation or supervision. While it is recommended that front-line administrators receive more extensive training in family law, here are a few quick reminders that can be applied right away:
Updated Court Orders: When a parent contacts the school regarding changes in a court order for his or her child(ren), inform the parent that the school district will abide by a complete copy of the latest court order(s). It is the parent’s responsibility to provide the school with these orders. If the situation calls for it, the school can remind the parent that the district and/or campus cannot enforce a court order, but can only abide by its terms..
Possession and Visitation: If there is no order on file and a student’s parents cannot agree on the visitation schedule, pick up of the child, or other custody matters related to school, ask the parents for a copy of the most recent order. If disputes between the parents escalate, or if a parent appears to be violating a court order, the school may need to call law enforcement. Contact the issuing court or the district’s legal counsel if you do not understand an order.
Subpoenas: If you or any member of your staff are subpoenaed to appear in a court case involving a student at your campus, forward a copy of the subpoena to your school attorney along with the contact information for the person receiving the subpoena. Your school attorney should contact the attorney issuing the subpoena to see if the employee will need to appear, and may file a motion to “quash” (get rid of) the subpoena all together. The party subpoenaing you or the staff member must comply with notice requirements and fee requirements, and may often agree to allow an employee to supply records instead of appearing in court. Additionally, judges usually disfavor pulling teachers and other school employees from their campuses during the school day, and will often rule that the staff member need not appear.
Don’t forget: it is often your “front-line” personnel that have the most interaction with parents, and thus have the greatest need for family law knowledge. Training these staff members in basic legal concepts is an essential step towards complying with the law. Contact your school attorney for information on training these employees.
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