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Divorced parents.
Divorced parents with custody both have the right to the same information about their child. The school stays neutral. Only in rare cases can information be refused. A divorced parent without custody has the right to limited information if they ask. If the school refuses to give information, it must explain why.
Parents with custody
Divorced parents with custody remain jointly responsible for raising their child. Sometimes the relationship between parents is not good. If the school knows this, it must actively provide information to both parents. Both parents are involved in important decisions and receive the same information from the school.
Sometimes one parent does not want to come to a meeting with the other parent. Schools must then offer separate parent meetings. Both parents have the right to the same information. If there are too many meetings or many divorced parents at school, schools can regulate this. But this may not lead to one parent receiving more information than the other.
Parent without custody
The parent with custody is by law required to inform the parent without custody about important matters regarding their child. The parent without custody has no say over the child, but does have a right to information. The school must provide information about the child if the parent without custody asks for it.
The parent does not have the right to all information or to see the child’s file. The parent can see important information, such as school results. By giving the parent access to the student monitoring system, the school meets its duty to provide information.
Exceptions
In special cases the school can refuse to share information with parents. The school must have strong reasons. For example, a court order may limit the right to information or the school may do this if it is in the child’s interest. The school must tell the parent the reason.
Information refused
Sometimes a school refuses to give a parent information about the child. Then the parent should best ask the school in writing to provide the information. If the school still refuses, a complaint can be filed using the school’s complaint procedure. This procedure can differ per school. The complaint procedure is often on the school’s website. You can also contact the data protection officer of the school.
Students 16 years and older
The rights around the student file (right to view, copy, correction, addition etc.) apply first of all to the student. For children under 16, parents act as legal representatives. This means a student 16 years or older can decide about their student file and should ask to see it themselves. Parents can only access the full file with the student’s permission. The school must keep parents informed about their child’s progress while the child is under 18.
Two signatures needed at registration?
When registering a child at a new school, one signature is needed from a parent with custody. Changing schools is a big event for a child. Therefore, parents must agree together on this decision. Schools do not have to ask for both parents’ consent or signatures. Only if the school knows one parent objects, the child may not be registered easily. Sometimes schools have a policy that always asks for two signatures, and then they must follow that policy.
Parents with custody are jointly responsible for raising their child. They should only act if they know the other parent agrees. They are jointly responsible for registering their child at a school. Parents must not register a child if the other parent disagrees. If a parent registers without agreement and they cannot resolve this together, a judge can decide.
Stepparent or new partner
A new partner or stepparent is by law not a parent of the child. Therefore, the stepparent does not receive information from the school without permission from both parents with custody. In practice, a stepparent receives information from their partner. Also, with both parents’ permission, the school can exclude the stepparent if they make meetings difficult or disruptive.
If one parent has custody, that parent decides who receives information and who can attend meetings. The new partner can attend parent meetings, not as a parent with custody but invited by the parent with custody. The school can refuse the new partner if they make the meeting difficult or disruptive.
Protocol for divorced parents
The school does not take sides between parents and stays neutral. This means the school may not get involved in conflicts between parents. More schools make a protocol for divorced parents. This explains how the school deals with divorced parents.
Education disputes
The Education disputes website also has much information about this topic including rulings from the national complaints committee.
Meetings and information duty for divorced parents
A new partner of a parent can only receive information or attend meetings with permission from both parents with custody. If the school finds the meeting difficult because of this, the non-legal parent can be refused.
Rules and exceptions
There are some rules and exceptions related to divorced parents. Below are the most common rules and exceptions.
- In exceptions the school can refuse to give information to a parent. The school must have strong reasons, such as a court order or if this is in the child’s interest. The school must always share the reason.
- If you want to register your child at a (different) primary school or secondary school, the school may find one parent with custody’s signature enough. Both parents must agree to the registration. If the school knows one parent objects, the registration may not go ahead.
- If your child is 16 or older, the child may decide who may see the student file.
Protocol for divorced parents
The protocol says the school must stay neutral and does not take sides between parents.
More schools make a protocol explaining how the school deals with divorced parents. The school participation council must approve this protocol. You can find the protocol for divorced parents in the school guide.