Guide

When parents live apart: what each receives, who signs, and how they pay.

Reviewed on 5 October 2026

The short answer

Separation, divorce or sole custody do not remove parental authority. As long as both parents hold it, both are entitled to the same information from the school about their child, whether or not the child lives with them.

Only a court order can strip a parent of parental authority or forbid contact with the child, and the school must act on what that order says, not on what the other parent reports.

One parent’s signature is enough for everyday consent forms; significant decisions, such as changing school, need both parents to agree or a judge to decide.

Parental authority does not depend on custody

The Civil Code of Catalonia, art. 233-8 states that annulment, divorce or separation do not change parents’ responsibilities towards their children, which remain shared and, as far as possible, exercised jointly. Elsewhere in Spain, the Civil Code, art. 156 sets out the same joint exercise.

The Catalan Department of Education applies this to schools (data protection guidance): without a court order saying otherwise, the school must assume both parents keep parental authority, cannot presume or judge family conflicts, and must guarantee both parents’ right to information.

Who receives what

The AEPD is explicit: with shared parental authority, and regardless of custody, both parents are entitled to the same information about their child’s education, so the school has to send it twice. Marks, reports, parent meetings, absences and letters go to both homes.

School information is only given to parents with parental authority or to guardians, never to other relatives (grandparents, new partners) without clear permission from the parents. The people authorised to collect the pupil are a separate list, which the school must keep up to date, again according to the AEPD.

In Catalonia, the parenting plan must say how parents will share information about the children’s education, health and wellbeing (art. 233-9). That binds the parents between themselves; it does not relieve the school of informing both.

Consent forms: when one parent is enough

Under the Catalan Civil Code, art. 236-8, for ordinary acts each parent is presumed to act with the other’s consent, and either may act alone in matters one person normally handles. A school trip, school lunches or an after-school club can be signed by one parent.

Significant matters, such as a change of school, must be decided as the parenting plan provides. If the parents disagree, either can go to court, and the judge decides after hearing the other parent and the child if aged twelve or mature enough (art. 236-11 and 236-13). The school is not the referee.

Restraining orders and collection restrictions

According to the AEPD, the duty to inform both parents ends when the school is given a court order removing one parent’s parental authority, or a criminal measure forbidding contact with the child or the family. The Catalan Department adds that the burden of proof lies with whoever claims it, using the order in force.

Ask for the court document (judgment, court ruling or protection order) and record its reference and date.
Read exactly what it says: loss of parental authority, a ban on approaching, a collection restriction, or just a contact schedule. Each has a different scope.
Tell only those who need to know: the head, the class tutor and the staff who hand pupils over at the gate.
Do not disclose it to the parent concerned, and make sure no list, letter or bill hints at it.

Bills when both parents pay

The separation agreement splits costs between the parents. The school needs to know who pays it what, and the cleanest way is for each parent to have their own bill and, if you collect by direct debit, their own SEPA mandate. If one returns their share, the other’s stays collected.

A 50/50 split has to add up to the cent: if the fee is an odd number of cents, someone pays the extra cent. Decide in advance (for instance, the main payer) and keep it the same every month.

Frequently asked questions

The father does not have custody. Do we have to give him the marks?

Yes, if he keeps parental authority. Custody does not matter: with shared parental authority, both receive the same information. Only a court order can change that.

The mother tells us the father may not collect the child. What do we do?

Ask her for the court order that says so. The Catalan Department reminds schools that they cannot restrict parental rights without a court order and that the burden of proof lies with whoever claims it. If there is an immediate risk, call the police.

Do we need both signatures for the end-of-year trip?

No. It is an ordinary act, and the law presumes each parent acts with the other’s consent. If one parent expressly objects, talk it through before the trip.

A grandmother asks how her grandson is doing. Can we tell her?

Not unless the parents have clearly authorised it. The AEPD says school information is only given to parents with parental authority or to guardians. Being allowed to collect the child does not give her access to marks.

If a parent is under a restraining order, can we tell them it exists?

No. The school complies with the order but must not reveal it to the parent concerned or to anyone who does not need to know. This guide is not legal advice: for a specific case, read the order with your lawyer or data protection officer.

How Auladia does it

Each parent has their own access and notifications. The same consent form reaches both homes and each signs it from their phone, without seeing what the other answered. Bills are split to the cent, and the odd cent goes to the main payer.

When the school office records a court order removing a parent’s parental authority, with its reference and date, the system closes all of that parent’s sessions and they stop seeing anything about the child, including what they saw before. If they paid part of the fee, they still see and pay their own bills, and nothing else. A restraining order or collection restriction is recorded the same way, and the system never reveals that it exists: the answer is the same as if the data did not exist.

When a victim’s address is protected, it is flagged and every access to it is logged, but protection across all outputs (invoices, certificates and exports) is still being completed.

What each family sees in Auladia

Sources

The rules and official documents this guide cites.

Law 25/2010, Book Two of the Civil Code of Catalonia, on persons and the family: articles 233-8, 233-9, 236-8, 236-11 and 236-13 (Spanish) BOE
Spanish Civil Code, article 156: exercise of parental authority (Spanish) BOE
Guide for schools: access to academic information by separated parents (Spanish) Spanish Data Protection Agency (AEPD)
School organisation and management documents: Personal data protection (Catalan) Catalan Department of Education and Vocational Training

This guide explains the rules; it is not legal or tax advice. Published on 5 October 2026.

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