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school liability and non custodial parent
- Thread Starter jrock
- Start date
army judge
Super Moderator
Liable for what, and to whom?
The custodial parent should take the necessary steps to avoid this unfortunate event.
For example, school has all the proper documentation stating who the custodial parent is, and the school attendance clerk releases the child to the child to the non custodial parent, who's intent is to take the child. Is the clerk at fault or the school? If something happened to the child, can the school be sued or the employee?
Thank you
army judge
Super Moderator
Did any of this happen, or are you prone to hypotheticals?
I hated hypos in law school, I like them less today.
The world hasn't been idiot proofed.
All you can do is make sure the school is aware of who is allowed to pick up the child from school, and who isn't allowed to make any contact with the child.
Don't just say it, put it all down in writing
This is a question that was given to me on an exam. It was really vague, just wanted to get the thoughts of others.
Thank you for your time
mightymoose
Moderator
You didn't provide enough information to determine an answer. Your exam question was likely vague deliberately to cause you to think and explain.
As you pose the question there are various unknowns, particularly what information the school had and in what form it was provided.
Most schools these days have a list of people authorized to remove a child from school. If the non custodial parent was on that list it would be hard to fault the school.
As you pose the question there are various unknowns, particularly what information the school had and in what form it was provided.
Most schools these days have a list of people authorized to remove a child from school. If the non custodial parent was on that list it would be hard to fault the school.
Many years handling legal compliance issues for a school system. 99% of the time the answer is that the school is not liable. They are not a party to the custody agreement between the parents. The order is binding on the parents themselves, not schools, coaches, scout leaders, other adult caregivers including the parents of playmates, etc. It may be school policy to maintain a list of who can pick the child up and stick to that list, but it is not a legal requirement. There are a few exceptions, but that is rare.
cbg
Super Moderator
For the record, few of us are going to be willing to take your exams for you.
zddoodah
Well-Known Member
Held liable for what? Was any person harmed as a result of this? Was the school aware of the "custody agreement"? Was there any sort of custody order issued by a court, or was there merely an "agreement"? What were the relevant facts relating to the NCP's withdrawal of the child from the school? Also, do you mean "withdraws" in the sense of unenrolling the child from the school? Or are you simply talking about picking up the child? Sounds like the latter.
What does "take the child" mean? Take him home until later? Take him to Europe for a couple weeks? Take him somewhere with the intent that the child and the CP will never see each other again? Is there any evidence that the attendance clerk knew of the NCP's intent?
What's the difference? The clerk is an employee of the school, right?
Something happened? Like what? If this child is anything like my kids, a great many things "happen to" them on a daily basis. As far as suing, anyone can sue anyone for anything.
I agree that it's very vague.
If you want any additional feedback, it would be better if you told us your thoughts (and also tell us what level of schooling you're in).
I'd love to belatedly jump into this conversation as a school secretary. Student safety is a huge concern for us but even court documents aren't necessarily clear when it comes to parental rights. We are instructed by our administrators that we cannot prevent a parent from taking a student unless there is a court order stating there is to be no contact or if a parent's rights have been terminated. This does concern me, though. For instance, we have an order that states that the dad's "periods of physical placement shall be immediately suspended until further order of the Court." My superiors tell me that this order is insufficient in preventing the dad from taking his student. I'm not comfortable with that interpretation. Is that truly correct?
cbg
Super Moderator
Hi Murphi02 and welcome to the forum.
To prevent confusion with the above poster's question, I wonder if you'd mind starting your own thread with your question. Most of the regular responders don't like answering homework questions (which the OP's was) but are here to answer real life situations (like yours is). It's also very confusing sometimes to have two different questions, even if they're related, in the same thread. Thank you!
To prevent confusion with the above poster's question, I wonder if you'd mind starting your own thread with your question. Most of the regular responders don't like answering homework questions (which the OP's was) but are here to answer real life situations (like yours is). It's also very confusing sometimes to have two different questions, even if they're related, in the same thread. Thank you!
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