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
Child Custody Visitation Judgments
Mumbai Bandra Family court judgment on joint equally shared custody based on parenting plan
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 to father and mother. There is another Sep 2013 judgment of Karnataka HC which did something similar, but that order was not based on creating a shared parenting plan and did not refer to that … [Read more...] about Mumbai Bandra Family court judgment on joint equally shared custody based on parenting plan
Bandra family court orders shared custody of child to both parents in interim order during divorce case
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 six-year-old daughter as an interim measure till the disposal of the divorce plea. The child was in the physical custody of the father and the order brings relief to the non-custodial mother. The child will be … [Read more...] about Bandra family court orders shared custody of child to both parents in interim order during divorce case
6 month child custody in an year to both father and mother: Karnataka HC
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 otherwise. Excerpted: 21. The records clearly disclose that the respondent is also having utmost love and affection towards his son. From the last eight years, he is litigating for is son, which shows that he has great love and affection for him. And … [Read more...] about 6 month child custody in an year to both father and mother: Karnataka HC
Child’s wish is High Court’s command
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 room in unfamiliar crowd should be given only that much significance as is required in the context. Courts are implicitly saying they can be manipulated by either parent (mostly mothers) into poisoning or influencing a child’s mind. Just … [Read more...] about Child’s wish is High Court’s command