Calcutta High Court issues new, detailed rules for child custody and parenting, ensuring equal rights and welfare for children of separated parents. The landmark decision focuses on “what truly matters — the child’s best interest.”
WEST BENGAL: In a historic decision for children’s rights (Child Custody), the Calcutta High Court has introduced a complete set of custody and parenting guidelines for West Bengal and the Andaman & Nicobar Islands. These rules aim to make custody cases more child-friendly and less stressful for parents, while ensuring the child’s welfare.
The new framework includes important provisions:
- Equal shared parental responsibility
- Mandatory visitation plan within 7 days of summons, final in 60 days
- Weekends, holidays & festivals with non-custodial parent
- Online visitation rights for cross-border parenting
- Strict action against false abuse claims & parental alienation
The court said, “For the first time, custody battles will focus on what truly matters — the child’s best interest.”
This step comes after years of growing concern over bitter custody disputes. These disputes often caused children emotional harm and prolonged legal battles. To solve this problem, the Calcutta High Court created a comprehensive framework for child access, custody, and parenting plans in the state and Union Territory.
The guidelines were finalised by the Court’s Rule Committee on September 24, 2024 after wide consultation with judges, child psychologists, and welfare experts. This new framework aligns with international laws such as the UN Convention on the Rights of the Child and domestic reforms from the Law Commission’s 257th Report.
The process started in 2014 when the Child Rights Foundation, a Navi Mumbai-based NGO, published “Child Access and Custody Guidelines and Parenting Plan.” Later, in 2021 and 2022, two writ petitions were filed before the Calcutta High Court highlighting the lack of such rules in the state.
The first petition 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 requested the Court to adopt formal custody and parenting rules based on the Child Rights Foundation’s proposal.
The Court responded by referring the matter to the Rule Committee through an order dated July 19, 2022. After detailed discussions, the guidelines were approved, marking a major reform in family law in India.
A key principle of the new rules is the “presumption of equal shared parental responsibility.” The Court stressed, “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.” Therefore, the Court now advises judges to favour joint parenting arrangements wherever possible.
The guidelines require that “parents, with the assistance of counselors, must draw up an interim visitation plan within one week of summons in custody proceedings.” They add, “A final visitation schedule must be agreed upon within 60 days.”
Non-custodial parents are guaranteed regular contact, including:
- Weekend overnight visits
- Weekday access
- Holidays and festivals with the child
The framework also says, “Visitation sessions should preferably be held in child-friendly environments and not in court premises.” To ensure fairness, family courts are empowered to appoint special officers, such as psychologists, social workers, or close relatives, who will supervise visits and send reports to the court.
Where there are claims of abuse or neglect, the guidelines mandate that “such cases must be resolved on a priority basis.” If the allegations are found false, “courts may impose heavy costs and even shift custody to protect the child from lasting psychological harm.”
The rules also address modern parenting challenges. They state that in cases of cross-border parenting:
- Custodial parents abroad will be considered under the Hindu Minority and Guardianship Act.
- Non-custodial parents living overseas will be granted “online visitation rights and custody during vacations.” This is to ensure children are not deprived of contact with either parent.
The guidelines also include:
- If both parents are unfit, custody may go to grandparents, relatives, or foster homes with strict monitoring.
- A 90-day limitation to file custody claims after access denial, to prevent misuse.
- Courts may allow alternate weekly joint custody if it does not harm the child.
The Court urged vigilance: “Courts have been asked to remain vigilant against parental alienation and to order psychiatric evaluations where necessary.”
Explanatory Table: Laws And Sections Mentioned In The Case
| Law / Section | Description | Relevance in This Case |
| UN Convention on the Rights of the Child | An international treaty adopted by the UN in 1989 that defines children’s rights globally, including their right to family life, protection, and development. | The guidelines were aligned with its principles to ensure “equal shared parental responsibility” and child welfare. |
| Law Commission of India’s 257th Report | Recommendations for reforms in family law, including child custody, guardianship, and parenting plans. | Served as a domestic framework reference for drafting the “Child Access & Custody Guidelines with Parenting Plan.” |
| Hindu Minority and Guardianship Act, 1956 | Governs guardianship and custody of minors in India, including rights of parents and conditions for guardianship. | Used for cases where custodial parents reside abroad, ensuring legal basis for cross-border parenting arrangements. |
| Child Access and Custody Guidelines and Parenting Plan (2014) | A set of recommendations published by the Child Rights Foundation, Navi Mumbai, for protecting children’s rights in custody disputes. | Served as a model framework, influencing the petitions filed in 2021 and 2022 and later adopted in the Calcutta High Court guidelines. |
| 90-Day Limitation Rule (New Guideline) | Newly introduced provision in the Calcutta High Court guidelines. | Courts will presume lack of bona fide intent if custody claims are filed beyond 90 days of denied access, unless valid reasons are shown. |
| Parental Alienation Provisions (New Guideline) | Judicial principle that aims to prevent one parent turning the child against the other parent. | Courts are instructed to remain vigilant against parental alienation and order psychiatric evaluations if necessary. |
| Joint Parenting / Equal Shared Responsibility (New Guideline) | Principle ensuring both parents have meaningful involvement in the child’s life. | Central feature of the new framework, giving legal weight to joint custody wherever possible. |
Disclaimer: The views and opinions expressed in this article are those of the Indian courts and do not necessarily reflect the official policy or position of “ShoneeKapoor.com” or its affiliates. This article is intended for informational and educational purposes only. The content provided is not legal advice, and viewers should not act upon this information without seeking professional counsel. Viewer discretion is advised.