An NGO Child Rights Foundation based in Mumbai has been working for shared parenting and reasonable access of children to fathers/both parents; and high courts of Mumbai, Madhya Pradesh, and Himachal Pradesh have included these guidelines as either recommendations or as a guidance document, to be followed by judges of lower courts including sessions, district, family court judges, marriage counsellors in matters of deciding upon child custody and visitation orders.
Click this to download a PDF of the custody and parenting plan guidelines document
A probably first of its kind May 2015 judgment of Bandra, Mumbai Family court which gave shared interim custody to both father and mother was based on these guidelines. You can read both to compare that most points and parenting plan in the family court judgment are based on above document.
This custody and shared parenting plan document can be used by all fathers who want either shared/equal custody, meaningful visitation, including sharing of festival days/holidays/vacation etc with their child(ren). A word of warning though: Divorce industry cannot run successfully by educating fathers and husbands of their rights, and giving them all options and unbiased information. So it will be mainly your job to educate your lawyer about these guidelines in case you find him/her repeating ignorant/lazy statements of the kind: “Child is too small”, “Child is less than 5 years old”, “Mother is best for children”, “Custody is given to mother” etc etc. These guidelines go beyond such simplistic/lazy thumb rules being followed out of judicial precedents, tradition, laziness, and misplaced theme of women’s rights overwhelming best interests of children. The guidelines also cover relatively new topics in Indian psychological community like Parental Alienation of the child against non-custodial parent.
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What is the force of these child custody and shared parenting guidelines?
Following extracts are taken from letters by Registrars of various high courts, which give an idea of the kind power these guidelines can have.
Bombay High Court/State of Maharashtra: It has status of a base guideline document, on top of which judges can evolve a shared parenting plan.
I am directed to state that the Hon’ble Guardian, Judges of the Famiy Courts in the State of Maharashtra, have been pleased to approve the Parenting Plan as a base document to be modified as per the facts and circumstances of the case.
I am directed to inform you that the Hon’ble Guardian Judges of the Family Courts in the State of Maharashtra, have been pleased to direct the circulation of the Guidelines amongst the Family Court Judges and the Marriage Counsellors in the Family Courts across the State of Maharashtra.
I convey my gratitude for your kind gesture in preparing a detail guidelines which may prove beneficial to the Judges of the Family Courts as well as the Marriage Counsellors in determining Child access and custody matters.
I am directed to state that the Hon’ble the Chief Justice is pleased to direct circulation of the Child Access and Custody Guidelines among all the Hon’ble Judges of the Bombay High Court.
Madhya Pradesh High Court: It has status as a guidance document.
I am directed to state that the Hon’ble the Chief Justice is pleased to direct circulation of the ‘Child Access and Custody Guidelines’ and ‘Parenting Plan’ for guidance amoung all the Additional District Judges, Family Court Judges and Marriage Councellors in the State of Madhya Pradesh
Himachal Pradesh High Court: Status as enforceable recommendations
I am to inform you that Hon’ble High Court of Himachal Pradesh has approved the Parenting Plan with Child Access and Custody Guidelines. Accordingly, communication has been sent to all the District and Sessions Judges with a respect to enforce these recommendations in their respective Divisions.
Since three high courts of the country have approved these guidelines, and along with pending recommendations of the Law Commission on shared parenting and joint custody, it is quite likely that within few years, these guidelines can become a standard in all family courts of the country for making decisions about child custody and visitation. Of course the divorce and DV industry will try to scuttle or dilute these guidelines by trying to raise ‘concerns’ about domestic violence and threat to children etc, so it’s up to fathers to become active in lobbying law commission and lawmakers, and make shared child custody/parenting as a mandatory demand within their overall legal cases, which may mean filing GWC cases instead of asking for mere visitation within HMA (or even DV Act), which doesn’t get taken seriously in courts.
Update Aug 6th, 2016: Here is a new post with Draft of PIL (public interest litigation) based on PIL filed in one of high courts implement the guidelines for shared parenting. Since we are awaiting official copy of the passed guidelines, the name of the high court will be disclosed as soon that is received. The same PIL, after modifications, can be used by other fathers who are desirous of having a just and equitable chance at getting proper custody rights and access to their children.
Have these guidelines been made active in Chattisgarh? What if I am from Maharashtra and wife is from Raipur and living there now wanting a divorce
GWC Jurisdiction is based on child’s usual residence. Not sure about Chattisgarh.
Hi, I just want to share the case about my brother who got married last 5 years and they have small son 5 years old. His wife filed a false case against him that he drinks and fight with her everyday so she doesn’t want to stay with him. she file a case for section 125 for maintenance against him. Its been a year and first case order is came for maintenance 4000/- per month for child care. We have submitted all the proof like salary slip which shows 8000/- he is getting in hand , the letter we have sent her for calling , child school admission letter to the court but still it doesn’t work . My brother is normal average man who is not much educated, his income is also very low, who also speak very less, he cant fight in the court infront of that girl. Now her lawyer filled second false case in the criminal court where they have put all wrong allegation about the mentally harassment, dowry etc. The case is going on in Pauri Garhwal uttrakhand court where lawyers just focused on the settlement rather than fighting the case against the cruel women who just need money from the 1st husband. We are based in Mumbai and every month we have to go for hearing where nothing is happening. My parents are old senior Citizen and both of them are not feeling well still they have to go there for attendance with brother because he is very simple and cant fight with that cruel women. She and her brother targeting the child and asking for 5 lac for settlement. My brother lost the job and the child both . She is not allowing us to see the child from last one year. The place where she lived is very remote place where no source of income neither good school. They are the farmer and they run the house selling milk or goat. Our child future is not secured there at all but uttrakhand judge and lawyer does not understand it and do not focus on the child they just focus on the settlement thats it. Pls advice as our lawyer is also not fighting the case and just asking for settlement.
Most lawyers are settlement oriented, and people are also of that nature… only problem for people is the AMOUNT!
Fighting court cases is done by you, if lawyer is asking for settlement it’s because you are giving all above reasons of why you can’t fight like brother is simple, not much income, etc etc. Since your brother doesn’t have income how will he support child if he gets child custody? We can’t just spin some stories in court and expect some magic to happen.
any update on joint custody rules in delhi and haryana?
These are not really rules, but guidelines to arrive at interim custody/shared parenting decisions. It is not part of law yet, but wherever people are trying they are getting results.
Has the parenting plan guidelines been approved by Delhi and Harayana high court
No aware of
Has the parenting plan guidelines been approved by punjab and Harayana high court
yes they have been circulated by High Court of Punjab & Haryana and also uploaded on the website of Chandigarh Judicial Academy
Has this been tried and done in Karnataka high court. or should I go ahead and try in Karnataka too ?
I don’t think anyone has filed in Karnataka so you can go ahead.
Is this plan already shared in Karnataka?
Process has already started, but waiting for formal guidelines approval before taking action won’t be the right approach in any child custody related situation.
whats current status in karnataka sir?
Not yet. You can try in your case
yes they have been circulated by High Court of Karnataka and Family Courts
Hi. Thanks for great information which I got and forum for all the people going through these worse part of their life’s. Guys just imagine if we at just an understanding age are being soo much disturb than what our childer must be going. Neither they can say anything nor speak and bring out their emotions. Please divorce is not the solutions after having children and request all parent too think about it.
I request to please make compulsory the vipassana course to both the parents. I have seen peoples life and their way of thinking being changed. I am sure at least 60 to 70 percent marriage will get recovered. Sorry if I might have said anything wrong.
>>Please divorce is not the solutions after having children and request all parent too think about it.
Divorce is almost impossible to get anyway in India… fathers should aim for shared custody and fight for it, too. Problem is they don’t and then keep cribbing I am missing my child.
>>I request to please make compulsory the vipassana course to both the parents
DV/narcissistic type women type will say: “he asked me to do vippassana because he thinks I have mental disorder …their whole family has mental disorders” 😀
Well i only have to say this that rather than focusing on breaking homes why not focus on the repair of these homes.. There should be some law which provides marriage rehabilitation programs like from the day any or both approach court or tk legal steps they should be send to a place where two of them can be made to understand each other and focus on corrective actions.. God knows when activists like u focus on something really good.. Men have had supreme authority in our male dominated society since ages and India stands same now people want bahus with not just dowry but want them to earn money too and want them to do household work too. Pressure falls on just women.. Women are still uprooted from their families and implanted to male’s house.. These days people have one or two children. Think please of these old parents having daughters.. Think of equality guys please think of finding solutions to a better home and not fights and more fights and filling pockets of lawyers etc.. Men’s right India please focus for betterment..
>> God knows when activists like u focus on something really good..
We are aiming for the real EQUALITY which feminists don’t want or can never want becuase they are mostly anti-male rather than equality for women. We are focusing on reverting all laws to gender neutral, pass laws for equal protection of men; and stop passing of further anti-male laws in name of women empowerment or whatever the latest fad seems to catch fancy of middle classes. Of course, all this doesn’t seem like a good thing to feminists, because their cry-baby and cry-bully dhandha will come to an end if laws were really gender neutral and equal, but so what!
>>Women are still uprooted from their families and implanted to male’s house
women have choice not to marry, or find a husband who is willing to get uprooted and get implanted into woman’s house. Oh wait a minute! Huge problem now… women don’t have any desire to earn for 20 years, save money, take loans, build houses; they are more interested in getting uprooted, getting implanted and asserting their rights on husband’s house! And also cry-bully at same time about “getting uprooted, implanted etc”. That feminist ‘logic’ doesn’t work here.
>>Men’s right India please focus for betterment..
>>Think please of these old parents having daughters..
So who took care of old parents where there used to be 3-5 children in a family? The sons of course. What were daughters doing in those times either? Taking care of parents?
>>Think of equality guys please think of finding solutions to a better home and not fights and more fights and filling pockets of lawyers etc
Already covered points about true equality above. Regarding filling pockets of lawyers, women file 1 lakh 498A cases every year, 50-80,000 divorce/DV cases every year, so it’s they who have the major blame about filing pockets of lawyers and breaking families.
>>Men’s right India please focus for betterment..
When men stop taking bullshit and stand up in self-respect, they will make right personal decisions, fight for gender neutral laws, and over time society will be better.
WHEN GOD KNOWS WHEN WOMEN = MEN,, I’m waiting so are many more helpless women and even men who are their fathers and brothers….
Now surely you either dont respect or dont have any female members at home.. To speak so harshly of women..
We are free to speak harshly of parasitic, unscrupulous, destructive women.
Cant we be honest one bit here.. India faces soo many rape cases and women torture cases and so much more i cant even understanding where we are landing..
Now to protect women from male tortures and to ensure lesser divorce cases laws have been made stringent for men..
Otherwise well men would be enjoying much more thinking oh i can remarry end no of times and remarry again and again…. ghar ki biwi daal barabar… This dialogue hasnt been made just as a joke it has some sense in it after all.. 🙂 🙂
So now you are crying cause you cannot stand any one field where you are not given superiority..
AM I RIGHT OR AM I RIGHT/….. 🙂 🙂
>>WHEN GOD KNOWS WHEN WOMEN = MEN,, I’m waiting so are many more helpless women and even men who are their fathers and brothers….
You don’t need to try damsel in distress routine here. Doesn’t work. More men are suffering and their families (including mothers and sisters) too.
>>Now surely you either dont respect or dont have any female members at home.. To speak so harshly of women..
We are free to speak harshly of parasitic, unscrupulous, destructive women.
>> Cant we be honest one bit here.. India faces soo many rape cases and women torture cases and so much more i cant even understanding where we are landing..
India rape crime statistics are one of lowest in the world, BUT maybe you don’t believe in damned lies called statistics and instead believe feminist BS that 3 in 4 married women are raped… If you expand definition of rape wide enough every woman can be called a rape victim!
>>Now to protect women from male tortures and to ensure lesser divorce cases laws have been made stringent for men..
Otherwise well men would be enjoying much more thinking oh i can remarry end no of times and remarry again and again…. ghar ki biwi daal barabar… This dialogue hasnt been made just as a joke it has some sense in it after all.. 🙂 🙂
You are making appeal to male vanity… doesn’t work here.
>> So now you are crying cause you cannot stand any one field where you are not given superiority..
We are not crying, but fighting, and because of that since the unscrupulous wives are not getting what they wanted, such women are now coming on this site trying their useless tactics. It’s you who are doing the abla-naari routine, hoping for white knights emerging saving the woman in distress.
>> AM I RIGHT OR AM I RIGHT/….. 🙂 🙂
You are wrong, now start dealing with real life for a change 🙂