It is no secret that family law cases are often contentious. The issues that bring parties back to court can last for the remainder of the children’s minority.
Arizona courts are always seeking to reduce conflict in family law matters. One way to do this is to increase the specificity of the court orders so parents are given a firmer framework within which to function. Thanks to the foresight and work of former Family Court Presiding Judge, Bruce R. Cohen, the Family Court Improvement Committee of the Supreme Court and the Arizona Supreme Court, itself, the Arizona Rules of Family Law Procedure now provide that all final orders involving legal decision making and parenting time must also have an Education Order which is separate from the normal Parenting Plan. See Rules 44.1 and 45.
Suggested forms for Education Orders can be found on the Maricopa County Superior Court website. The Forms are intended to be a starting point, not a one size fits all document. It is intended that they be modified to fit the special circumstances of each case.
Education orders address the school related issues that frequently arise. Some of these might include:
- School choice and the party or parties authorized to select the school, the school district, the curriculum and type of instruction.
- Who has legal decision making?
- Who is authorized to pick up children from school?
- Contact information for authorized emergency contacts.
- Who is, and who is not, authorized to be on the school campus and attend events and school activities?
- Who has authority to sign permission slips and authorize extracurricular activities?
- Who has authority to access school records?
- Who is entitled to access the parent portal?
- Who is authorized to attend parent-teacher conferences?
- What court orders exist that restrict the rights of a parent or guardian?
The orders are designed to be very specific. It is hoped that this greater specificity will assist parents in avoiding conflicts and misunderstandings.
Education Orders are also helpful to schools. They provide a concise listing of all school-related information. This will, it is anticipated, reduce parent conflict with schools. Parents often, mistakenly, expect schools to be bound by the terms of their parenting plan and are required to interpret the plan terms in a way favorable to the parent. This is untrue. Schools are not a party to the Court proceeding and are not bound by the Court’s orders. Schools cannot interpret parenting plans to favor one parent over another. Having one Order containing all school-related information will help schools remain impartial when dealing with parent requests.
This is an area of the law that is evolving. We learn as we go. Changes are expected to be made in the contents of Education Orders but the additional specificity and having all school-related Orders in one document will go a long way to avoid additional court proceedings and disputes with school personnel.
If you need help with a family legal matter, contact one of our experienced family law attorneys to assist you.
Platt and Westby, P.C. has offices in Phoenix and Gilbert, Arizona.