Rights of Parents, Guardians, and Caregivers
St Joseph's School recognises the rights and roles of parents, guardians, and caregivers. We ensure that we comply with all legal requirements while keeping the student at the centre of all our decision-making.
Definitions
Usually, a child's parents are joint guardians of their child from birth (often referred to as natural guardians) if they are both recorded on their child's birth certificate, and/or were at any time between the child's conception and birth in a legally recognised relationship (i.e. marriage, civil union, de facto relationship).
- Parents who are guardians remain guardians of their children even if separated, subject to any court orders that are in place.
- Guardians have a responsibility for their child’s care, development, and upbringing. Guardians are responsible for making education decisions for their child, and have a duty to consult with each other.
- If guardians cannot agree about an education decision, the dispute needs to be determined by the Family Court.
- A child can have more than two guardians. For example, the Family Court can appoint other adults (such as a new partner or grandparents) as guardians.
- The Family or High Court may appoint itself as a child's legal guardian, and may appoint Oranga Tamariki – Ministry for Children to act as its agent. In this case, other guardians will still be consulted and asked for consent to any education decisions made for the child (unless there is a court order that states otherwise).
- Caregivers are those who regularly look after a child but do not have the same rights as a guardian unless legally appointed. Caregivers raising whāngai children are not automatically guardians unless appointed by the Family Court.
Rights of the guardian
Except where there are any court orders in place restricting guardian rights, parents/guardians are entitled to:
- contribute to major education decisions – for example, which school their child attends, special class admission, religious instruction, or any other decisions affecting their child
- see their child's school records, subject to any legal restrictions
- discuss their child's educational progress with the principal and teachers
- receive school newsletters and a copy of their child’s school reports
- access any digital platform that the school uses to communicate progress and achievement
- vote in board elections (in accordance with the legal requirements for board elections)
- participate in parent groups or meetings and other school functions
- exercise other rights of parents and guardians as outlined in the Education and Training Act 2020 and other relevant legislation.
The guardians themselves must take the initiative in exercising these rights.
Contact rights at school
Any parent, guardian, or other person wishing to have contact with a student during school hours must follow our Visitors policy.
We ask that learning is not disrupted by unnecessary communication throughout the day (e.g. texts, social media, phone calls, or email). If a parent or caregiver needs to contact their child during school hours, they should call the office.
The school also considers it inappropriate for someone who is subject to a court order or other legal restriction to attempt to communicate with a student at school. School staff will question such communication in these situations, and may take steps to prevent further contact if necessary.
If the school has concerns about a person wanting to contact a student at school (e.g. doubt over identity, good faith, or legal rights) we keep student welfare at the centre of all decision-making and may:
- contact the parent and any guardian or a third party to confirm the person's identity and contact rights
- ask to see any agreement or court order (if not already held by the school), or contact the person's solicitor, if the person claims contact under a parenting order. If the order says "reasonable contact", then the school may refuse contact until after school hours so that school operations and student routines are not disrupted.
- deny unrestricted contact with the student (especially if it is suspected the person may remove the student from school) and act as necessary to protect the welfare of the student (including contacting third parties such as the police)
- supervise any meeting with the student, if appropriate.
The school can decline requests for contact if a parenting order or protection order is in place. If neither can be produced, one parent cannot ask the school to deny access (including access to school reports and parent/teacher meetings).
Legislation
- Care of Children Act 2004
- Children's Act 2014
- Education and Training Act 2020
Related policies
Resources
- Ministry of Justice | Te Tāhū o te Ture: Care of Children
- New Zealand Government | Te Kāwanatanga o Aotearoa: Whāngai
: Term 4 2022, Term 2 2020, Term 3 2019
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