Calcutta High Court introduces landmark child custody guidelines ensuring equal parenting, visitation rights, and anti-alienation safeguards to protect children’s welfare in custody disputes across West Bengal and Andaman & Nicobar Islands.
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KOLKATA: In a landmark move to address the growing number of custody battles, the Calcutta High Court has introduced a comprehensive framework for child access, custody, and parenting plans across West Bengal and the Andaman & Nicobar Islands. These guidelines, finalized by the Court’s Rule Committee on September 24, 2024, aim to ensure that children of separated or divorced parents are not deprived of the love and affection of both parents while safeguarding their overall welfare.
Background to the Guidelines
The foundation for this development was laid nearly a decade ago. In 2014, the Child Rights Foundation, a Navi Mumbai-based NGO, published a set of “Child Access and Custody Guidelines and Parenting Plan.” Recognizing the absence of such a framework in West Bengal, two writ petitions were filed before the Calcutta High Court in 2021 and 2022.
The first was by Dr. Rahul Roy in collaboration with the Ayushman Initiative for Child Rights, led by Arijit Mitra. The second petition came from an individual petitioner named Antara. Both urged the Court to adopt formal rules inspired by the Child Rights Foundation’s model.
On July 19, 2022, a division bench consisting of the Chief Justice and Justice Rajarshi Bharadwaj referred the issue to the high court’s Rule Committee. After extensive consultations with judges, child psychologists, and welfare experts, the Court approved the “Child Access & Custody Guidelines with Parenting Plan.” These guidelines align with international standards such as the UN Convention on the Rights of the Child and domestic reforms suggested in the Law Commission’s 257th Report.
Features of the New Framework
1. Equal Shared Parental Responsibility
At the core of the guidelines is the presumption that both parents share equal responsibility for their child’s upbringing. The Court emphasized that the child’s best interest lies in maintaining meaningful relationships with both parents and extended family members, including grandparents and cousins. Joint parenting arrangements will now be prioritized by courts wherever feasible.
2. Timely Visitation Plans
Parents, with assistance from counselors, must draw up an interim visitation plan within one week of the summons in custody proceedings. A final visitation schedule must be finalized within 60 days, ensuring minimal disruption to the child’s routine.
3. Regular and Meaningful Contact
Non-custodial parents are guaranteed regular access through weekend overnight visits, weekday meetings, holidays, and festivals. Courts discourage holding visitation sessions in court premises, encouraging child-friendly environments instead.
4. Monitoring & Compliance
To ensure smooth implementation, family courts may appoint psychologists, social workers, or even trusted relatives as special officers to supervise visitations and submit periodic reports.
5. Safeguards Against Abuse & Alienation
Cases involving allegations of abuse or neglect will be prioritized. If allegations are found false, courts may impose heavy costs and even shift custody to protect the child from psychological harm. Courts are also directed to stay vigilant against parental alienation and may order psychiatric evaluations where necessary.
6. Cross-Border Parenting
For custodial parents living abroad, courts may rely on provisions of the Hindu Minority and Guardianship Act. Non-custodial parents residing overseas will be granted online visitation rights and custody during vacations, ensuring children do not face parental alienation.
7. Custody Alternatives
If both parents are deemed unfit, custody may be entrusted to grandparents, other relatives, or foster homes with strict monitoring.
8. Limitation Period for Custody Claims
A new 90-day limitation period has been introduced for filing custody claims after denial of access. Beyond this, courts may presume a lack of bona fide intent unless valid reasons are shown.
9. Alternate Weekly Joint Custody
The framework also permits alternate weekly custody, allowing children to spend one week each with both parents, provided this does not harm their welfare.
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