Draft rules given to HC on child visitation and custody

Kolkata: The rule-making committee of the Calcutta High Court submitted a report on specific guidelines for child visitation and custody in case of marital disputes.

It was learnt that such a development came in the wake of a PIL seeking for implementation of a dedicated guideline for the same. The HC guideline was based on the guideline titled ‘Child access and custody guidelines along with parenting plan’ by a child rights NGO.

The NGO guideline was circulated by Bombay High Court, Kerala High Court, Madhya Pradesh High Court, Punjab and Haryana High Court and Karnataka High Court. The PIL before Calcutta HC sought directions to implement a specific and workable guideline regarding child custody, visitation and guardianship in Bengal.

The guidelines referred to in the PIL speaks on final visitation guidelines, guidelines for parties residing within 200 kilometre driving distance, for parties not residing within 200 kilometre, joint custody, psychological evaluation and child’s wishes and role of 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 custody order is pending, it is stated: “In 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.”