Access by Non-Custodial Parents

Non-custodial parents do not have the same rights of access to student records as do custodial parents. Non-custodial parents are not allowed to make a request under section 49(d) of LAFOIP because they do not legally stand in the place of the student.

However, subsections 9(2) and (3) of The Children’s Law Act provide that non-custodial parents with access rights have the same rights to certain information about their child as custodial parents.

The information to be provided is not restricted to “records” as defined under LAFOIP. The non-custodial parent is also entitled to verbal reports concerning the educational progress of the child.

The right of the parent with access or custody is still subject to section 49(d) of LAFOIP and the school can refuse to release personal information of the student if it would constitute an unreasonable invasion of the privacy of the student.

The school should request a copy of either a separation agreement or a Court Order which sets out who has custody and access. The information should be kept on the student file and both parents should be asked to provide updates to the school if anything changes.

For more information on the access of health information in the case of divorce or separation of parents view the article “Children, Consent and The Health Information Protection Act (HIPA)” in the Office of the Saskatchewan Information and Privacy Commissioner’s FOIP Folio. This article references the federal Divorce Act and The Children’s Law Act, 1997.