HC mandates child custody affidavit, sets new norms for infants & toddlers

Kolkata: The Calcutta High Court has directed that every parent seeking custody or visitation rights must now file a sworn child custody affidavit along with their pleadings, disclosing essential personal, financial and living details.

The new requirement forms a key part of the Child Access and Custody Guidelines with Parenting Plan (2025), approved by the High Court’s Rule Committee for implementation across West Bengal and the Andaman & Nicobar Islands.

The guidelines were framed after extensive consultations with judges, lawyers, psychologists and child-rights experts following two public interest litigations that highlighted the absence of uniform custody norms. The initiative seeks to create a consistent framework for family courts to follow, replacing case-by-case variations that often prolong disputes and add stress for children.

The affidavit, provided in a prescribed format annexed to the guidelines, requires each parent to disclose their employment, income, health, residence, dependants and capacity to provide care. It is intended to give courts a clear picture of the child’s environment and ensure that custody decisions are made on the basis of the best interests of the child rather than adversarial claims.

The guidelines also encourage family courts to appoint child-welfare experts, counsellors or an amicus curiae under provisions of the Family Courts Act whenever an independent assessment of the child’s well-being is considered necessary. Such expert involvement, the High Court believes, will make custody decisions more evidence-based, sensitive and child-centric. A significant feature of the new framework is its section on infants and toddlers up to 36 months. Courts are advised to ensure continuity of primary care—usually with the mother in the early period—while gradually facilitating the child’s bonding with the non-custodial parent through short, supervised or flexible visits. Overnight access at this stage may be allowed only when it clearly serves the child’s comfort and security.

For older children, the guidelines recommend a minimum interim visitation of three hours a week, structured weekend and holiday access, and shared parenting wherever feasible. The High Court expects these measures to make custody proceedings faster, consistent and focused on the child’s welfare and emotional stability.