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 …[Continue Reading]
Read this FREE eBook written by fathers involved in child custody issues. For judgments, refer to posts below.
This May 2015 judgment of Mumbai Bandra family court is the first in India which in an interim child custody/visitation order, has asked both mother (petitioner) and father (respondent) to make a parenting plan, and has created a shared parenting plan based on those submitted by both of them. It has also explicitly refers to benefits and necessity of Shared Parenting in child custody matters, and to December 2014 recommendations of Law Commission on shared parenting. Following are the main points of the judgment: 1. It has divided the interim custody of daughter for 6 months of the year each …[Continue Reading]
Subsequent to Law Commission’s report and recommendation on Shared parenting and Joint Custody to Law Ministry, a Mumbai family court has ordered both mother and father to jointly share custody of their six years old daughter. Shared parenting plan ordered for warring couple In a landmark order, the family court in the city has for the first time set out a shared parenting plan for a warring couple fighting for divorce on the grounds of cruelty and for custody of their child. By this order the estranged couple gets almost equal days -split six months down the year -with their …[Continue Reading]
In a landmark judgment related to child custody, Karnataka high court has allowed father to have custody of his son for first 6 month of the year, and the next 6 months with the mother. One of the reasons behind the decision was that the father has fought for custody for eight years, so he must love his son very much. Very well but maybe courts need to evolve more sensible and humane criteria than the amount of time a father has spent in courts to ascertain how much father loves his child. It should be a presumption unless proven …[Continue Reading]
See Uttarakhand HC judgment below. What idiocy in name of welfare of child! If a child runs away from home, does the court equate “child’s wish” =”welfare of child” and child should then live as an orphan because effectively that is what child wished for in practical terms? Or does the court rule away minor child’s wish and be returned to parents? Did the court consider the following facts? Child is only 6 years old, not of age where she can express a considered preference. Fact of crying of a 6 years old girl in front of a unfamiliar court …[Continue Reading]