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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117420
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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What is an elementary schools liability in the case of my

Customer Question

what is an elementary schools liability in the case of my granddaughter being taken off school property by a non custodial parent. She was taken sometime between 7:30am and 7:45am. School starts at 7:45am. The mother went thru an unlocked gate behind the school and took kaylinda from either the cafeteria or gymnasium (where students wait for the 7:45am bell). The school has the custody papers on file (my son has custody). He told the school that the mother was not authorized to pick up or take kaylinda at any time. (She also grabbed my youngest daughter out of my house and ran to a running vehicle). My son called his lawyer and she went to court and sheriffs office eventually found them and brought my granddaughters home. They were taken Wednesday morning (oct 4th)
And returned home Thursday night (oct 5th). The school told my son that they are not liable for this since school was not in session!! Aren't they liable for the care of our children while they are in school property and in their care when we drop off our kids???
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Well, the school would love to think they did not have liability because school was not in session, but that is just a lie they are telling you. The school is liable, in loco parentis, when the children are left in the care of or control of the school. If the child was waiting in the gym or cafeteria area for the starting bell, the school is in care and control over the children (guaranteed if the child violated a school rule during that time the school would not be saying "oh well, school had not started yet").
If the school allow an unauthorized adult or person onto the school property and allowed them to walk off with ANY child, the school is liable for negligence for not properly supervising the children and for not checking who this person was taking a child.
They are trying to dodge liability, but they are liable for any costs and losses this negligent act caused your son to suffer and you need to seek to file a complaint to the school board and tell them the media is the next step if they do not settle and pay his costs and then court for a civil suit for damages.

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