Cal HC panel submits report on child visitation guidelines
Times of India | 13 December 2024
Kolkata: A Calcutta High Court committee on Thursday submitted a report on specific guidelines for child visitation and custody to insulate kids from the bitterness of a protracted legal battle.
In 2021, a PIL was filed by Ratul Roy, seeking the implementation of a dedicated guideline on this matter. Roy cited the guideline titled ‘Child Access and Custody Guidelines Along with Parenting Plan,' which was submitted by an NGO, Child Rights Foundation.
This guideline was circulated for guidance and information by the high courts in Mumbai, Kerala, Madhya Pradesh, Punjab, Haryana and Karnataka. The Karnataka State Legal Services Authority also refers to this in the family courts in its 16 districts for effective use.
The guidelines have chapters on final visitation guidelines, guidelines for parties residing within a 200-km driving distance, for parties not residing within 200 kms, joint custody, psychological evaluation and child's wishes, and the role of a counsellor.
It states that for interim visitation for children above 36 months in cases where the non-custodial parent is not being given access, they can use the children's complex room situated within family court premises or any other place approved by the family court. In cases where a custody order is pending, it is stated: "In the absence of prior agreement between the parties and proper notification of the daycare or school — except in the event of an emergency — the non-custodial parents shall not remove the child from daycare or school for visitation or otherwise."
The guidelines have also specified access during the mother's or father's birthday. "If the mother is the non-custodial parent and the mother's birthday is on Sunday, Monday, Tuesday, Wednesday or Thursday, visitation hours shall be from 5 pm till 8 pm, and if it is on Saturday or Sunday, the visitation will be from 11 am to 4 pm. It will not affect holiday visitation," it states. The same applies to the father.
In the PIL filed before the Calcutta HC, Roy sought directions to implement a specific and workable guideline regarding child custody, visitation, and guardianship in child custody matters in the state, which is in sync with other high courts. He stated that children are the worst sufferers between warring couples without any fault of theirs. He cited that very often the custodian parents try to impose stiff impedance to obstruct normal interaction between the child and the non-custodial parent.
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