Hi there. This sounds like a difficult situation. The court proceedings that are on foot most likely relate to parenting orders. A parenting order is a court order that sets out the parenting arrangements for a child or children. Both parents are legally required to follow the parenting order, and penalties can apply if a parent fails to follow the terms of the parenting order.

Before the parenting order is finalised, there is nothing legally stopping the father from attending the preschool, provided there is no current Apprehended Violence Order (AVO) against the father. The NSW Department of Education has guidelines in place stating that, in the absence of specific court orders, each parent is entitled to participate in school related activities and have access to documentation related to the child. These guidelines apply to state schools. From the information you provided, it is not clear whether the child’s preschool is part of a NSW government school.

If the preschool is not a government institution, it may be operated by a private organisation. In these situations, it is possible that the mother may ask the preschool to not let the father onto the preschool property and, if they agree, the preschool has the right to refuse the father entry. Disobeying this request may amount to trespass. The preschool may also have other policies in place that deal with the situation when a student’s parents have separated or divorced. You should contact the preschool for copies of these policies, if applicable.

All of the above relates to the situation before the court proceedings are finalised. It is possible that the final parenting order may specify that the father is not allowed to visit the child’s preschool. However, this is very unlikely, particularly in the absence of an AVO, other criminal conduct or domestic violence. A court will base its parenting orders on what is in the best interests of the child.

Suggested way forward

If the preschool is government funded, you may want to contact the NSW Department of Education to ask about any policies that apply to the preschool and/or lodge a formal complaint if you are dissatisfied with the preschool’s conduct (www.dec.nsw.gov.au). You may also want to speak to a family lawyer who can fully assess your situation and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.