NEW DELHI: <\/em>In an important judgment aimed at protecting children involved in bitter custody disputes, the Supreme Court of India<\/a><\/strong>, comprising Justice Sanjay Karol<\/strong> and Justice N Kotiswar Singh<\/strong>, has laid down detailed guidelines for Family Courts dealing with child custody and visitation cases.<\/p>\n\n\n\n The Court cautioned that children should not be subjected to psychological assessments<\/strong> merely because their parents are fighting over custody. It observed that such evaluations can affect a child’s emotional well-being<\/strong> and should be used only when genuinely required.<\/p>\n\n\n\n The Bench made it clear that the first step should be to assess the psychological condition of the parents, especially the parent who currently has custody of the child. The Court said:<\/p>\n\n\n\n “Family Courts must first appoint a psychologist to assess the psychological condition of both parents, particularly the parent having present custody of the child, before deciding whether any psychological assessment of the child is required.”<\/em><\/strong><\/em><\/p>\n<\/blockquote>\n\n\n\n The Court further directed that children should not undergo psychological evaluation if it is found to be unnecessary. It stated:<\/p>\n\n\n\n “No psychological assessment of the child should be conducted if the Family Court, based on the psychologist’s report, finds such assessment unnecessary or undesirable.”<\/em><\/strong><\/em><\/p>\n<\/blockquote>\n\n\n\n The ruling came while hearing a challenge to orders passed by the Bombay High Court<\/a><\/strong> in a custody dispute, where psychological evaluation of a minor had been directed<\/strong>. Earlier, a panel of experts had been constituted to assess the child and the parents to facilitate restoration of contact between the father and the minor child.<\/p>\n\n\n\n The Supreme Court modified the Bombay High Court’s orders dated April 27, 2023 and December 7, 2023, and sent the matter back to the Family Court<\/strong> for fresh consideration in accordance with the guidelines now issued.<\/p>\n\n\n\n The Court clarified that where a child’s evaluation becomes necessary, it should be conducted carefully by an independent child psychologist<\/strong>. Such evaluation should be carried out in consultation with any psychologist already treating the child and should involve minimal interaction to avoid disturbing the child’s mental and emotional condition.<\/p>\n\n\n\n The Bench also reminded Family Courts that children change as they grow, and their emotional and psychological requirements may evolve over time. It observed:<\/p>\n\n\n\n “Family Courts must remain conscious that a child’s psychological needs change with age and may require periodic review and assessment.”<\/em><\/strong><\/em><\/p>\n<\/blockquote>\n\n\n\n Highlighting its role as parens patriae<\/em><\/strong>, the Supreme Court noted that child custody and visitation matters are dynamic in nature and continue to evolve with changing circumstances. Therefore, parents remain free to seek modification of custody or visitation arrangements<\/strong> whenever circumstances materially change.<\/p>\n\n\n\n The Court also directed parties involved in such disputes to disclose the status of any pending proceedings under the Protection of Children from Sexual Offences Act<\/strong>, as those proceedings could directly impact decisions relating to custody and visitation. The Bench said:<\/p>\n\n\n\n “Parties must apprise the family court of the status of proceedings pending under the POCSO Act against the respondent, as those proceedings may significantly affect decisions concerning visitation and custody rights.”<\/em><\/strong><\/em><\/p>\n<\/blockquote>\n\n\n\n In arriving at its conclusions, the Supreme Court relied upon expert material, including reports prepared by the National Institute of Mental Health and Neurosciences (NIMHANS)<\/strong> and the Department of Child and Adolescent Psychiatry<\/strong>. These reports highlighted the serious psychological challenges faced by children trapped in parental conflicts, including strained relationships with parents, exposure to continuous conflict, mental health concerns, adjustment difficulties, school-related problems, and instances of malicious conduct by one parent against the other.<\/p>\n\n\n\n Through these guidelines, the Supreme Court has attempted to place the child’s welfare above the adversarial interests of the parents<\/strong>.<\/p>\n\n\n\n <\/p>\n\n\n\n\n
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EXPLANATORY TABLE: LAWS AND PROVISIONS INVOLVED<\/h3>\n\n\n\n
Law\/Principle<\/strong><\/td> Purpose<\/strong><\/td> Application in This Case<\/strong><\/td><\/tr><\/thead> Protection of Children from Sexual Offences Act, 2012 (POCSO Act<\/a>)<\/strong><\/td> Protects children from sexual offences through a special legal framework.<\/td> Pending POCSO cases must be disclosed as they may affect custody and visitation rights.<\/td><\/tr> Doctrine of Parens Patriae<\/strong><\/td> Allows courts to act as guardians of children’s interests.<\/td> The child’s welfare remained the Court’s primary concern.<\/td><\/tr> Family Courts Act<\/a>, 1984<\/strong><\/td> Governs Family Courts handling matrimonial and custody disputes.<\/td> Family Courts must follow the Supreme Court’s guidelines in such cases.<\/td><\/tr> Child Welfare Principle<\/strong><\/td> The child’s best interests override parental claims.<\/td> The Court prioritised the child’s emotional well-being over parental conflict.<\/td><\/tr> Parental Alienation Consideration<\/strong><\/td> Recognises attempts by one parent to turn a child against the other.<\/td> Courts were asked to examine signs of parental alienation.<\/td><\/tr> False Memory Creation Risk<\/strong><\/td> Addresses the risk of children developing influenced memories.<\/td> Courts must guard against external influences on the child.<\/td><\/tr> Continuing Cause of Action in Custody Matters<\/strong><\/td> Custody arrangements can change with circumstances.<\/td> Parents may seek modification of custody or visitation orders when circumstances change.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n CASE DETAILS<\/h3>\n\n\n\n
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KEY TAKEAWAYS<\/h3>\n\n\n\n
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