Custody orders must prioritise child welfare: Calcutta High Court

Kolkata: Holding that custody arrangements must be shaped by the welfare and specific needs of the child, the Calcutta High Court modified a trial court order granting weekend custody of a six-year-old child to his father and limited it to structured weekly visitation.

The Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya was hearing an appeal filed by the child’s mother against an order of an Additional District Judge at Barasat directing her to hand over custody of the child from Friday evening to Sunday evening every week.

The mother submitted that the child is suffering from Autism Spectrum Disorder and requires constant care, including assistance with feeding, and argued that extended weekend custody could be detrimental to the child’s welfare.

The father accepted that weekend custody may not be appropriate and sought visitation rights, submitting that in view of criminal complaints lodged by the mother and the acrimony between the parties, visitation should be fixed at a neutral place.

After hearing both sides, the High Court observed that for the healthy upbringing of a child, the company of both parents is necessary, but emphasised that custody or visitation arrangements must be determined by the welfare of the child. Accordingly, the court directed that instead of weekend custody, the father would be entitled to visit the child for two hours every Saturday from 4 pm to 6 pm at Eco Park in New Town.

The mother was directed to bring the child to a designated gate of the park at the scheduled time, starting January 10, 2026, and the child is to be returned to her at the same location by 6 pm.

The court further directed that the mother would not remain present during visitation or interfere in any manner. If the park remains closed on any Saturday, the parties were asked to mutually decide an alternative day, preferably the following Sunday.