Custody Battles and Restraint Orders in Daycare

At some point in a director's daycare career she willand the offending person attempts to ignore the
find herself on the front lines of a child custodycourt order, a 911 emergency call will be placed to
situation or a restraint order. One day a parent willprevent problems.
arrive to say, "My husband and I are splitting and he4. The director must also alert a member of her
can no longer visit my child in daycare or pick up myboard that such an issue is pending at the child care
child." At this point, alarm bells should start ringing incenter. If the center is owned or operated by a
the director's head.corporation then she should immediately notify her
The director has a couple of serious legal obligationsimmediate superior as well as any security guards on
to consider.. First, in the interest of the child'sduty.
personal safety, under no circumstances would a5. Since child care centers often have rotating staff
director release a child to anyone who is notand schedules, the director must alert all staff
authorized. In this custody case both parents havemembers of the court order and supply specific
the right to have access to their child. In the restraintinstructions regarding what to do in an emergency
order case it could be someone other than a parent.situation.
What should she do?6. The staff should be alerted that no information
Second, as sad as it is, the director must think aboutregarding a child can be given to the banned person.
the possibility of a child abduction from the daycareThis information generally is a request to know if the
facility. This can happen easily when the child is onchild is present at the facility that day or even if the
the playground or taking a walk with the class. If it ischild is enrolled any long at the facility. There are two
the unauthorized parent trying to abduct, the childreasons for not providing this information. First, the
often will go willingly and a teacher may think nothingdirector must protect the privacy of the student and
is amiss. If it is a stranger to the child, the teacherthe parents in the event an abduction is planned
may ask questions but find the stranger is on theeither by any person. Second, the banned person
formally authorized list. What should the director do?may want this information to try to build a case of
Upon hearing the news that parents are having childchild neglect or abuse in a custody battle. If the child's
custody issues or restraint orders, the director mustenrollment information is required for a court, the
immediately make clear the following to botherdirector will receive appropriate documentation with a
parents:formal request.
1. The child care center is in no position to favor oneIn the event the custody issue has been resolved or
parent over another. If there is a court order or athe restraint order lifted the director must
restraint order in place, a copy must be kept in theimmediately notify every person of its new status.
main office and a copy must be with the teacher inIt is vital that the director make clear to all parties
charge at all times.involved that there is no judgment call on the
2. If there is no court order, then as is usualsituation and that the director follows the same
procedure, all parents will have normal access to theirprocedure for all parents. Every effort to continue to
child while at the center. This includes drop-off andprovide child care services without embarrassment to
pick-up privileges as well as daytime visits.the family must be made. And every effort to legally
3. If there is a court order or restraint order in placeprotect the center must be made.