SMP Law – Can A Biased Teacher Be a Witness for Your Legal Matter?

 

In a family law dispute involving children, there are many different people parents will talk to about their family court matter. One group in particular is their children’s teachers. Teachers can often get a one-sided interpretation from one parent of what is happening with their child and in their family law matter. It is the teacher and the school’s responsibility to keep the child’s well being in mind and remain neutral when being approached by a parent who is engaged in matrimonial litigation. Unfortunately, teachers can become biased toward one parent, even unintentionally. In a case where SMP represented the alienated father, the trial judge found that the school staff had conducted themselves inappropriately by choosing not to remain neutral. In this case, it was determined that the school ignored the orders of the Court and the judge determined that the actions of the school contributed to the damage of SMP Law’s client with his daughter.

How do the courts treat a biased teacher who is a witness for one of the parents?

In a recent British Columbia court decision reported by CTV News Vancouver a teacher provided a written statement about the student to one of the parents for use in their family legal matter. This teacher was found to make “biased and unprofessional comments about the student’s parents” and this action was found to be harmful to the student. As a result, the teacher was disciplined and required to take remedial education.

Teachers and schools need to remain professional and neutral when dealing with family law matters and always uphold what is in the student’s best interests.

Contact us anytime at SMP Law to help SiMPlify your legal matter at 905-565-9494 or email info@smplaw.ca if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.

 

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