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Administrative Procedures

Administrative Procedure 326

Student Custody Disputes

Background

Preamble:

 

The student records should accurately reflect the identity of the person(s) who is/are the custodial parent(s) or legal guardian(s) and contain copies of court orders/binding agreements conferring such status. In the absence of an order, or an agreement limiting custody, both parents have a prima facie right to custody of the child. 

Procedures

In the event that an individual other than a custodial parent seeks to gain custody of the child the following administrative procedures shall be followed: 

 

Procedures:

 

The Principal or designate shall:

 

1.      Inform the claimant that custody shall remain with the school until the child has left the school property.

 

2.      Indicate that the other parent or the guardian will be notified of the custody request.

 

3.      Ensure that both parties are informed that the child will be released only at the end of classes for the morning or afternoon.

 

4.      Inform the claimant that the custody dispute is between the respective parents or guardians and does not involve the school.

 

5.      Contact local Police or Child Welfare personnel if concern for the safety of the child is in question.

 

6.      Contact the Superintendent or designate to record details of the demand for custody.

 

 

Reviewed:            July, 2011

Next Review by:   July, 2016

References

Legislative References:

 

         School Act Section 1, 23, 60 and 61

 

Board Policy:

 

         Policy 11 Delegation

 

Cross-references:

 

         AP 320 Student Records

         AP 321 Youth Criminal Justice Act Records

         AP 325 Right to Access