Child Custody & Parenting: Calcutta HC Issues Comprehensive Guidelines
Framework ensures equal parental responsibility, online visitation rights, and a 90-day limit for custody claims
The Calcutta High Court's new guidelines mandate shared parental responsibility and clear visitation schedules
To address the rising number of bitter 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.
The guidelines, finalized by the Court’s Rule Committee on September 24, 2024, seek to ensure that children of separated or divorced parents are not deprived of the love and affection of both parents while safeguarding their welfare.
In 2014, the Child Rights Foundation, a Navi Mumbai-based NGO, published a set of “Child Access and Custody Guidelines and Parenting Plan” in 2014. In 2021 and 2022, two writ petitions were moved before the Calcutta High Court, flagging the absence of similar rules in the state. The first was filed by Dr. Rahul Roy along with the Kolkata-based Ayushman Initiative for Child Rights, led by Arijit Mitra. The second was filed by a petitioner named Antara. Both urged the Court to adopt formal guidelines for child access and custody, modeled on the framework proposed by the Child Rights Foundation.
Acting on these petitions, a division bench comprising the Chief Justice and Justice Rajarshi Bharadwaj, by an order dated July 19, 2022, referred the issue of framing comprehensive custody and parenting guidelines to the high court’s Rule Committee for consideration.
After extensive consultations with judges, child psychologists, and welfare experts, the court approved the “Child Access & Custody Guidelines with Parenting Plan,” aligning them with international standards like the UN Convention on the Rights of the Child and domestic reforms recommended in the Law Commission’s 257th Report.
One of the central features of the new framework is the presumption of equal shared parental responsibility. Court emphasized that in custody matters, the child’s best interest lies in maintaining meaningful relationships with both parents, as well as extended family members such as grandparents and cousins. To this end, courts are directed to prioritize joint parenting arrangements wherever possible.
The guidelines mandate that parents, with the assistance of counselors, must draw up an interim visitation plan within one week of summons in custody proceedings. A final visitation schedule must be agreed upon within 60 days. Non-custodial parents are now assured of regular contact, including weekend overnight visits, weekday access, holidays, and festivals.
The framework discourages holding visitation sessions in court premises, instead preferring child-friendly environments.
To monitor compliance and prevent disputes, family courts are empowered to appoint special officers, such as psychologists, social workers, or even close relatives, who will oversee visitations and submit periodic reports. Where allegations of abuse or neglect arise, such cases must be resolved on a priority basis. If allegations are found false, courts may impose heavy costs and even shift custody to protect the child from lasting psychological harm.
The guidelines also account for modern realities such as cross-border parenting. Where the custodial parent resides abroad, courts may rely on provisions of the Hindu Minority and Guardianship Act. For non-custodial parents living overseas, the order requires that they be given online visitation rights and custody during vacations, ensuring the child does not suffer parental alienation.
In cases where both parents are deemed unfit, the court may entrust custody to grandparents, other relatives, or foster homes, with strict monitoring mechanisms in place.
Significantly, the framework introduces a 90-day limitation period for filing custody claims after denial of access, beyond which courts may presume lack of bona fide intent unless valid reasons are shown.
The high court has also left open the option of alternate weekly joint custody, allowing children to reside one week each with both parents, provided such an arrangement does not endanger their welfare. Courts have been asked to remain vigilant against parental alienation and to order psychiatric evaluations where necessary.