June 2026
Custody/ Separation Policy
The Board of Management and staff of Cloonakilla N.S. aim to handle custody and
separation issues with sensitivity and compassion, and ultimately, as our primary concern is
for the well-being and overall development of the child. This policy document was written
following the guidelines of the Irish Primary Principals Network and is reflective of ‘The
Children & Family Relationship Act 2015. The following are the key procedures in place with
separated parents of pupils in the school:
● When a child spends time in two homes, it is requested that the school be provided
with both sets of emergency/contact numbers.
● Regarding the collection of child/children from school – it is requested that the school
be informed of any changes in collection arrangements in writing
● It is the school policy to offer the option of separate parent/teacher meetings, if so
desired. However, for the child’s sake we recommend that both parents attend
together. Each parent has a right to attend such meetings, either jointly or
separately unless there is a court order to the contrary.
● It is assumed that when we wish to communicate with parents regarding their child,
the parent who is contacted (i.e. the parent with whom the child principally resides)
will inform the other parent of meetings, arrangements etc. Special requests for
separate communication can be accommodated on receipt of a written request.
● Regarding notes, school communication via schoolbags, school reports etc, it is
assumed that the parent with whom the child principally resides will keep the other
parent informed.
● It is important that the Principal and the child’s teacher are kept up to date with
custody arrangements.
● In the absence of a custody arrangement, both parents will be treated as equal
partners in terms of communication.
● The school cannot be asked to withhold a child from either parent in the absence of a
court order – note: a solicitor’s letter is not a court order.
● If there is a serious concern about a parent abducting or leaving the country with the
child, the parents/guardian should request their solicitor to seek a court order
instructing the school and any other carers’ regarding rights of access
● In the case where the estranged parent/guardian is not known to the class teacher,
as may be the case in larger schools, the concerned parent/guardian should provide
a family photograph enabling the class teacher to identify the person in question
● In the case of unmarried parents, the natural father has no custody or guardianship
rights unless a court or the natural mother grants those rights to him. The onus is on
the father to produce evidence of a court order in the case of a dispute regarding the
collection of a child during or after school. (See Notes below)
● Teachers are under no legal obligation to provide any reports about a child if
requested to do so by any third party (e.g. Solicitor/psychologist)
● Teachers are not obliged to attend court unless under subpoena or summons
● In the case where a legal order is in place, a copy of this order must be furnished to
the school by the parents.
June 2026
● The parent/guardian of each child has full responsibility for informing the school in
writing of any change in circumstances at home e.g. separation, divorce, custody
arrangements
● The staff can recommend books, videos, publications etc. dealing with the issue of
separation, on request
Notes re: Guardianship/Custody
● Married parents are ‘Joint Guardians’. The mother of a non-marital child is the sole
guardian. A Guardian is a person legally entitled to parental rights and duties in
relation to a child.
● The Children & Family Relationship Act 2015 now allows an unmarried father
automatic guardianship of his child, provided he has cohabited with the mother for a
period of 12 months, including 3 consecutive months following the birth of the child.
● One of these rights is custody. Custody is the right to physical care and control of the
child.
● If a guardian is deprived of custody rights by a Court they may still retain a say in
relation to matters regarding a child’s welfare i.e. the religious, moral, intellectual,
physical and social welfare of the child. They can also be awarded access.
This entire policy was reviewed in June 2026.
Signed: _____________ Date: _______
Chairman, B.O.M. __________
Date for review: __________