Your situation reflects a fairly common but sensitive intersection of parental rights, financial responsibility, and access to a child’s upbringing. The law does not permit one parent to unilaterally assume complete control over a child while simultaneously demanding financial contribution from the other without transparency. Let me explain this carefully.
You have already taken two significant legal steps—filing for restitution of conjugal rights and later for guardianship/visitation. That shows your consistent intention to remain involved in your daughter’s life. This is important, because courts place great weight on conduct and intention of the parent.
Now, coming to the present issue.
1. Your obligation to pay school fees
As a father, you are unquestionably under a legal obligation to contribute to your minor child’s education and maintenance. Courts take a strict view of this duty. However, that obligation is not blind or unconditional. It must be exercised in a manner that is:
- Transparent
- Verifiable
- In the best interest of the child
You were earlier paying fees directly through the school portal, which is the most proper and legally safe method. That ensured:
- The money actually reached the school
- You remained connected with your child’s education
Now, if the mother has changed the school without informing you, and is refusing to share even basic details, that conduct is not viewed favourably in law. A custodial parent cannot isolate the other parent completely.
2. Demand to pay money to her directly
You are absolutely justified in being cautious.
If you transfer money to her without any proof of actual payment to the school, you expose yourself to future allegations such as:
- Non-payment of school fees
- Neglect of child
- Maintenance default
Courts generally prefer direct payment to institutions rather than routing money through one parent, precisely to avoid such disputes.
Your stand—“I am willing to pay, provided I get access and can verify the payment”—is legally sound, reasonable, and in line with the child’s welfare.
3. Denial of access to school information
Her statement that “school policy does not allow access to two parents” is, in most cases, incorrect. Schools routinely provide access to both parents unless there is a specific court order restricting one parent.
More importantly, you are a natural guardian of the child. Unless a court has specifically curtailed your rights, you are entitled to:
- Know the name and location of the school
- Access academic records
- Participate in educational decisions
Her unilateral denial may amount to parental alienation, which courts take seriously.
4. Threat of legal consequences for non-payment
She may attempt to initiate proceedings for maintenance or enforcement. However, your defence is strong if you demonstrate:
- You have consistently paid in the past
- You are still willing to pay
- Your only condition is transparency and direct payment
Courts do not penalize a parent who is acting responsibly but seeks accountability.
5. What should you do now (practical approach)
This is where strategy matters more than emotion.
- Send a formal written communication (email/notice) stating:
- You are ready and willing to pay full school fees
- You request school details, fee structure, and direct payment mode
- You prefer paying directly to the school to ensure compliance
- If she refuses, you should approach the court where your guardianship/visitation matter is pending and file an application seeking:
- Direction to disclose school details
- Joint access to school records/portal
- Permission to deposit fees directly with the school
- As an additional safeguard, you may even express willingness before the court to deposit fees in court or directly with the institution, which reflects complete bona fides.
6. A word of caution
Do not stop payment altogether without documenting your willingness. That can be misused against you. The key is to show:
- You are not avoiding responsibility
- You are insisting on accountability
Courts strongly favour such a balanced approach.
7. Larger perspective
At the heart of this issue is not merely school fees—it is your right to participate in your child’s life. Financial contribution cannot be separated from parental involvement. One parent cannot reduce the other to a mere “paying authority” while denying all access.
In conclusion:
- You are legally bound to support your child, but not to blindly transfer money without transparency.
- You have a right to access your child’s educational details.
- Your current stand is legally justified.
- The safest course is to move the court for directions ensuring both payment compliance and parental access.