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Enrollment of Children into school without other parents consent.

  • 17-01-2023 6:14pm
    #1
    Registered Users Posts: 645 ✭✭✭


    If you're both married, no divorce, separation or any kind of court orders. . . Is it legal for one parent to enroll the other child into a school without the consent or signature of the other parent and could you potentially sue the school for admitting the students or would the school agree to remove them? What would happen?



Comments

  • Moderators, Social & Fun Moderators Posts: 6,744 Mod ✭✭✭✭Raichu


    Yes they can. No you can’t.



  • Registered Users Posts: 10,128 ✭✭✭✭Jim_Hodge


    Yes, no, no, nothing.



  • Registered Users Posts: 645 ✭✭✭The Jammy dodger


    So there's nothing you can do? Don't schools need signatures of both legal guardians? I don't understand why they can and that nothing could be done about it.



  • Registered Users Posts: 2,232 ✭✭✭TooTired123


    No they don’t need the permission of both parents. You need to get some advice about what your rights and obligations as a parent separated from your children are, for the benefit of your children yourself and the children’s other parent. I can highly recommend TREOIR. I know it says unmarried parents but they will gladly advise you too.




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  • Registered Users Posts: 1,762 ✭✭✭mumo3


    Yes they can of course.... even if you're not married but are a couple, schools will treat you as a married couple and take that both parents have rights to guardianship. It's a complicated process other wise as fathers who are not married to the mother of their children are not entitled to automatic guardianship.



  • Moderators, Social & Fun Moderators Posts: 6,744 Mod ✭✭✭✭Raichu


    Yes, you can get over it. No they don’t.

    Out of curiosity and I really don’t mean this in a cruel way, putting your feelings aside, did you ask or even check how your kids are finding school? Do they like it?

    My point being it does sound a bit like you just want to piss on your partners (or ex partner I think?) cornflakes a bit. I’ve seen this so many times a couple splits up and one side (somehow almost always the man) does everything humanly possible to fcuk with the ex and make their life awkward but ignoring the impact it has on the kids.

    Adding that kind of stress to everyone’s life just to suit yourself is selfish at best.



  • Registered Users Posts: 17,983 ✭✭✭✭bucketybuck


    I thought the whole point of marriage was to conjoin two people into one entity...



  • Registered Users Posts: 10,397 ✭✭✭✭28064212


    Why would they? A legal guardian wants to enrol a student in the school - why would the school have any involvement in trying to figure out whether some other guardian disagrees? Or even whether any other guardian exists?

    If you're having an issue with another guardian of your child, that's for you to sort out with them. A school will not, can not, and should not get involved

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  • Registered Users Posts: 12,060 ✭✭✭✭Calahonda52


    Call Saul Eunuch Burke

    Is this what this is about, from post 8

    I’ve seen this so many times a couple splits up and one side (somehow almost always the man) does everything humanly possible to fcuk with the ex and make their life awkward but ignoring the impact it has on the kids.

    “I can’t pay my staff or mortgage with instagram likes”.



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  • Registered Users Posts: 5,565 ✭✭✭Princess Calla


    I didn't sign any forms when we were registering our kids.

    Himself looked after all that. I absolutely hate admin with a passion. He likes it and is abit of a micromanager so I leave him to it.

    What's your issue with the school? Why don't you want the child going there?



  • Registered Users Posts: 9,978 ✭✭✭Caranica


    OP it looks like you've had a lot of family issues from your previous threads. I would suggest getting professional advice at this stage.



  • Registered Users Posts: 2,232 ✭✭✭TooTired123


    He/she doesn’t have an issue with the school. He/she is very angry with the ex spouse and is quite determined to punish him/her using the children, total innocents in this matter.

    This is very common in these situations unfortunately, especially when one of the parents is a bit of a narcissist, putting them self their “rights” and entitlements and their pride front and center in every desicion.

    If this person was not now being rejected by the other spouse, I can garuntee 100% they would not give a toss where the kids were enrolled.

    Either that or they were used to having an unacceptable level of control over everyday family life and that is part of the reason the marriage is over.



  • Moderators, Social & Fun Moderators Posts: 6,744 Mod ✭✭✭✭Raichu


    I’m glad I’m not the only one who assessed the situation like this. Was starting to think I was being an awful bollix. 😂



  • Registered Users Posts: 2,232 ✭✭✭TooTired123


    I’ve heard all this a million times at work.

    People who didn’t know their own kids birthday suddenly demanding to know why the other parent switched doctors without asking them first. Just because the relationship ended. Some people never grow up at all.



  • Registered Users Posts: 645 ✭✭✭The Jammy dodger


    Sorry but this question isn't about me. I was having a discussions with my sister whose happily married to her husband but for some reason or other they're in disagreement as to where the kids go to school. One day he just decided to put them into a boarding school without her permission or consulting her. Probably poor practice but I guess we will have to accept it is not illegal.

    Some strange angry comments here but I guess that's public forums for you. I forgive and forget so....have a great day? 👍



  • Registered Users Posts: 5,565 ✭✭✭Princess Calla


    Well I wouldn't be happy about that.

    Boarding school is a massive commitment.

    I thought it was a toss up between an educate together or catholic school.

    It's not your battle though. However I don't think pulling a stunt like that lends itself to a happy marriage tbh.



  • Registered Users Posts: 1,264 ✭✭✭Lenar3556


    As others have correctly pointed out, any reasonable parents should put their differences aside and act in the best interests of the child or children involved. Sometimes an independent perspective from a trusted third partly can be helpful when deciding on enrolling a child in a school. It is morally inexcusable to use a child as a pawn in a dispute between parents.

    But to address your question, on the legitimacy of a school enrolling a child against the wishes of one or other parent, there is an issue there, and the school will be in a difficult position. Why should it carry out the wishes of one parent to the exclusion of the other? (Assuming they were on notice that the other parent was objecting to enrolment)

    Some schools in this circumstance will, as a matter of policy, refuse enrolment and advise the parties to reach agreement between themselves first, and if necessary have the matter determined by the courts.

    An interesting case below where a father took a case to the WRC on grounds of gender discrimination after the school ignored his wishes when he objected to the enrolment of his child. He succeeded, although I think his case subsequently failed in the circuit court.

    https://www.workplacerelations.ie/en/cases/2014/october/dec-s2014-018.html



  • Registered Users Posts: 10,397 ✭✭✭✭28064212


    But to address your question, on the legitimacy of a school enrolling a child against the wishes of one or other parent, there is an issue there, and the school will be in a difficult position. Why should it carry out the wishes of one parent to the exclusion of the other? (Assuming they were on notice that the other parent was objecting to enrolment)

    That's a very big assumption. There's nothing in the OP to suggest that's the case. The OP asked about "enrollment without the other parent's consent", and whether the school had a legal duty to obtain consent from both parents (I don't believe they do). Now, if the mother in this case has spoken to the school, then yes, they would be put in a difficult situation, but (just as any guardian can enrol a child), any guardian has a right to remove their child from a school

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  • Registered Users Posts: 1,264 ✭✭✭Lenar3556


    Indeed, although it seems logical that the parent would make their objections known to the school given that this is all going on under their nose and they are aware of what is transpiring.

    In terms of the filling etc. I agree. If you look to wider society it would be impractical to seek the consent of both parents individually for every scenario where the other could possibly raise an objection.



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