Mother may I? Schools and parenting disputes.

• Author: Boll, Rosemarie
• Position: Family Law

I had the pleasure of attending a lecture by Jim Davies, the general counsel for the Edmonton Public School Board. He gave a group of family law lawyers the educator's perspective on parenting disputes. (1) Today's dynamic family configurations can be complicated--divorced biological parents, foster parents, relatives, same-sex partners, step-parents, and even mature minors. Just who holds the educational rights and responsibilities and what do they mean?

The School Acts guiding principle is stated in its preamble: "... the best educational interests of the student are the paramount considerations in the exercise of any authority under this Act." The principal is charged with maintaining order and discipline in the school and on its grounds during all activities approved by the school board (s.20 (f). Principals must promote co-operation between the school and the community that it serves. Their main point of contact is, of course, parents. The School Act says that a "parent" is the child's guardian as defined in section 20 of the Family Law Act. (2) Each guardian has equal rights to be informed, consulted, and to make significant decisions affecting the child unless those rights have been limited by a parenting order.

Thankfully, most parents, separated or not, put their children first. The fact that there is a court order signals that there might be some stress in the family, and the principal and staff will be sensitive to this. The school will accommodate reasonable requests for special arrangements (for example, separate parent-teacher interviews) provided it is in the child's best educational interests. However, school administrators are not bound by court orders.

This took me by surprise. I had assumed that schools must obey parenting orders. Not so. This is because of the principle of "legislative supremacy". Court orders cannot override legislation. The principal must run her school the way the School Act, not a judge, tells her to. For example, if parents are fighting and mom gets a judge to order that the school must give copies of report cards directly to her, the principal can ask herself--what is in the best educational interests of this student? If she decides it is not in the students best educational interests, she can refuse. (3)

The biggest challenge is handling hostile parents who make opposing demands, or dealing with a parent who is alienating and controlling a child. In severe situations, principals do not worry about...