Following August 2021 judgment by Karnataka High Court on Principles for deciding Interim Child Custody orders is a first of a kind since so far, since the existing guidelines on Parenting Plan being followed by a few High Courts fell short on enunciating strongly the benefit of following principle of Shared Parenting in Child Custody and Interim Child Custody arrangements - and did not give mandatory guidelines to Family Courts in deciding Interim Custody orders. So the existing framework was more of a "Let's follow these good ideas" without an authority of giving some broad mandatory principles to be followed by Family Courts. The judgment also mentions the Karnataka HC Division Bench judgment (Savitha Seetharam vs Rajiv Vijayasarathy Rathnam-September 2020) … [Read more...] about Karnataka HC issues Family Court Guidelines for interim Child Custody, reiterates Shared Parenting-Jyoti Priya Vs Paul Goodwin-August-2021
As per this recent tweet by current Chairperson of NCPCR (National Commission for Protection of Child Rights), they will not look into any issue related to child custody irrespective of whether there is a child custody case pending in court or not. As to what are the roles of NCPCR, we should look at the legislation how it came into being. This is a government body created through legislative act called The Commissions For Protection Of Child Rights Act, 2005. I could find the preamble of the above act only in the official Gazette PDF of the bare act known as The Commissions For Protection Of Child Rights Act, 2005 (click to download). In other online sources, preamble is missing. Let’s have a look at the preamble below: From the preamble, it is clear that a main mandate of … [Read more...] about Why is NCPCR washing off its hands from Child Custody issues?
Following notification has been posted on Ministry of Women and Child Development for comments from public on Draft National Child Protection Policy. Draft of the National Child Protection Policy can be downloaded from below: Draft National Child Protection Policy Dec 2018 Following are some examples of feedback and comments which can be given on the same and sent to [email protected] (latest by 4th Jan 2019). One should give one’s full name, address, mobile number, and email along with the comments sent by email. Feedback/Comments on Draft National Child Protection Policy Due to rising separation and divorces in India, many children - whose parents are living separately or divorced already - are being made to suffer due to restrictions being placed on children’s access to … [Read more...] about Feedback on Draft National Child Protection Policy
Here is format of a PIL (must be modified with individual’s own case details), which can be filed in high court of any state which has not recommended yet the guidelines for shared parenting in child custody cases. Details on which high courts have already approved the shared parenting guidelines are given in this post. Download Draft PIL on Shared Parenting, child custody guidelines (Word doc format) Full text of above PIL is also given below: BEFORE THE HON’BLE HIGH COURT OF “respective state name” AT “name of the high court location” W.P.(C). No. of 2016 Name of the Petitioner : Petitioner The State of “respective state name” & others : Respondents SYNOPSIS Petitioner in this writ petition is the husband of the 3rd respondent In the matrimony between the … [Read more...] about PIL format for implementing shared parenting, joint custody (to be filed in state HC)
This is a rough and quick post on a template for child custody, since many fathers are asking for templates on the same. I am giving some general looking points, and one has to replace them with those applicable to own situation. A child custody petition is filed under Guardians and Wards Act, and in courts these cases carry the acronym GWC. So if you tell your advocate that you want to file GWC petition, he/she would understand that you mean child custody. Note: For getting a draft with quick and ready points, you can use this online tool to generate a skeleton/framework draft of GWC petition, which you can use as starting point and then fill up more details as described in this article, too. The sole or paramount consideration in child custody decisions is welfare of child, so … [Read more...] about How to draft a child custody (GWC) petition
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 … [Read more...] about Various HC approve Child Access & Custody Guidelines along with Parenting Plan