Common use of CUSTODY AND FAMILY LAW ISSUES Clause in Contracts

CUSTODY AND FAMILY LAW ISSUES. The Diocese and its schools understand that many families within the school community are affected by custody and other related legal disputes. The Diocese and its schools work to balance sensitivity to difficult family situations and the interests of safety and orderly school administration. Involving school personnel in family and custody diverts finite school resources from the school’s primary function. As a result, it is important that families within the school community who are affected by custody and other related legal disputes read and understand the following policies and procedures. Generally, a child’s biological or adoptive parents have equal rights to custody of and visitation with the child unless and until a court orders otherwise. When this arrangement has been changed by court order, it is the responsibility of the affected student’s family to provide the school with a complete, final, signed copy of the relevant order and to point out to the school any relevant portions of the order. Unless and until a student’s family does so, the school may assume that both of a child’s biological or adoptive parents have equal rights to custody of and visitation with the student. It is the responsibility of the parents, not the school, to ensure that the school is promptly provided with any relevant original or amended custody orders. Schools will take reasonably practical steps to facilitate compliance with relevant family court orders. However, it is the responsibility of the family, and not the school, to enforce family court orders regarding a student. School personnel are not family law attorneys and are not responsible for interpreting or enforcing custody or other family court orders. Attorneys representing parents in custody disputes should not contact school personnel directly, including to request the production of documents and execution of supporting affidavits for use in litigation. Parents may obtain contact information for diocesan legal counsel from the school and should provide this information to the parents’ attorneys if school involvement in a custody dispute is requested. If the school is required to engage counsel to interpret or otherwise advise the school regarding a custody or other family court order or dispute, the parents of the affected student are jointly and severally liable to the school for all costs and attorneys’ fees associated therewith. As an exception to this general rule, upon request by either parent, the school will generally, at the chief administrator’s sole discretion, provide one copy of a student’s central file (e.g., attendance records, report cards, enrollment documents, etc…) with a supporting business records affidavit to both parents or their attorneys free of charge. Diocesan schools are private property and are not open to the public. Additionally, it is detrimental to the well-being of the affected students and to the school community as a whole when family disputes are brought onto school property. Parents are expected to do everything possible to avoid parental confrontations or arguments on school grounds. The chief administrator of the school or his or her designee has full discretion to exclude any person from the school when, in his or her sole discretion, doing so is necessary or appropriate. School personnel may contact law enforcement for assistance when doing so is necessary to enforce this discretion. If a parent who is prohibited by court order from coming to or near the school attempts to enter the school, the school may call the police and/or seek other appropriate recourse. If school personnel believe that the behavior of a parent or other legally responsible adult presents an imminent threat of harm to a student, the school may refuse to release the student to the parent or other legally responsible adult or take such other steps, including but not limited to contacting law enforcement or the student’s emergency contact, as the school deems necessary.