The issue of dropping off and picking up children from school is a frequent source of problems in the practical functioning of schools. Especially in cases where there is no agreement between the child's parents or an enforceable court decision regulating the care of and contact with the child, and one of the parents disputes the authority of the other, or a person authorized by them, to pick up the child from school.

How should schools properly proceed when picking up children from school?to act in accordance with the law while protecting the child's best interests, which should be paramount?

Parental responsibility and its impact on school

The basic framework results from Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as "Civil Code"). According to Section 865 of the Civil Code Parental responsibility lies with both parents.who perform it in mutual agreement and in accordance with the interests of the child.

At the same time, according to the provisions of Section 876, paragraph 3 of the Civil Code, it applies that If one of the parents acts alone in the child's affairs towards a third party who is in good faith, it is considered that he or she acts with the consent of the other parent..

This means that if the school does not have an enforceable court decision or agreement between the parents, it can hand over the child to either parent or a person authorized by them. In such a situation, the school can rely on the legal presumption of good faith and is not responsible for internal disagreements between parents of which it was not informed..

When must a school respect an agreement or court decision?

If there is enforceable court decision or agreement between parents on the delivery and collection of the child, the school is obliged to respect him/her, but only on the condition that it was demonstrably informed about its content informed.

The school must also proceed in the same way if there is a court-approved contact arrangement agreement, or if an enforceable court decision has restricted or suspended the right of either parent to pick up the child.

Entrusting a child to the care of one of the parents

Complications arise where a child has been placed in the care of one parent, but the arrangement of contact with the other parent is not clearly definedThe opinions of the authorities in this case differ:

• Czech School Inspectorate recommends to allow the transfer to the parent to whom the child was not entrusted with custody without further action, unless such parent's parental responsibility has been limited,
• Ministry of Labor and Social Affairs is more restrained and requires the child to be picked up by the parent who did not have custody of the child, the existence of an enforceable court decision or agreements between parents (explicitly stating the possibility of taking the child over) or with the consent of the custodial parent.

How should a school proceed in the event of a parental dispute?

If there is a dispute between parents over the handover of a child, it is crucial that the school:

• progressed with maximum respect for the interests of the child,
• did not take on the role of a court or mediator,
• a was based only on documents that are demonstrably available to it (court decisions, agreements, written consents).

If the conflict cannot be resolved amicably, the school should contact the relevant social and legal protection authority for children (OSPOD), or the Police of the Czech Republic.

These authorities can help calm the situation or facilitate compliance with an agreed or court-ordered regime.

At the same time, it may be beneficial if the school implements internal rules for handing over children, which parents know in advance and are part of, for example, the school rules or a separate internal regulation of the school. Such an arrangement can significantly reduce the risk of conflicts and prevent ambiguities.

Practical examples of school procedures for picking up children from school

Situation:

1. Between parents there is no agreement or enforceable court decision – the school is authorized to hand over the child to any parent or a person authorized by them.

2. Between parents there is an agreement or enforceable court decision, but the school is not aware of it – until the school receives the official document, it proceeds in the same way as in point 1.

3. The school has a valid agreement or enforceable court decision is available – the child may be returned to the parents only in accordance with such an agreement or an enforceable court decision.

4. The child is entrusted to the care of one parent, contact with the other is not regulated – here it is always necessary to proceed with regard to the specific circumstances of the case, and it is recommended to proceed in accordance with the opinion of the Ministry of Labour and Social Affairs, namely to hand over the child to the parent who has custody of him/her only if the latter has:

• (a) by agreement with the other parent or an enforceable court order regulating contact with the child, or

• (b) with the consent of the other parent to whom the child has been entrusted for care.             

záver

The above illustrates how inconsistent practice can be. Even though legal regulations give schools basic guidelines on how to proceed, in real conflict situations these institutions often find themselves between two opposing parents. And above all in the middle of a child's story that needs to be protected. Therefore, it is crucial, that the school acts sensitively, always taking into account the child's interests, and if the conflict escalates, it has involved the responsible authorities.

The whole topic illustrates well that legal advice in education is not just about knowing the paragraphs. It is also about the ability to find balanced solutions where the law collides with the everyday reality of family life.

Source: Epravo.cz

Are you a school principal or founder and do you have any doubts about the interpretation of laws related to education? Are you dealing with the issue of picking up children from school? Contact us and we will advise you on everything!

JUDr. Miroslav Různar, attorney