Kerala High Court has directed all courts in State dealing with child custody disputes to follow child access, custody, and parenting plan guidelines framed by Calcutta High Court until Kerala formulates its own rules on the subject.

Court also directed Registrar General to circulate the guidelines to all district judges, Family Courts, and magistrates handling custody, matrimonial, and domestic violence matters.

These guidelines cover issues relating to child visitation, custody arrangements, and parenting plans designed to regulate the upbringing of children when parents are separated or involved in matrimonial disputes.

The primary objective of the framework is to ensure that children maintain meaningful relationships with both parents and their extended families while also safeguarding them from physical, psychological, or emotional harm, neglect, abuse, and family violence.

Kerala High Court issued these directions while hearing a habeas corpus petition filed by a mother who alleged that her estranged husband had
violated a Family Court decree by refusing to hand over custody of their child to her.

Court noted that a Family Court order had granted permanent custody of the child to mother while permitting the child to stay with the father for a few days. However, father allegedly took the child from school without informing mother and thereafter refused to return him.

Before High Court, father contended that the child had made certain complaints against mother and this was why he had kept the child with him. Court observed that even if such concerns existed, father should have approached Family Court for a modification of custody order instead of taking law into his own hands.

After interacting with the child, who expressed a preference to stay with his mother, High Court directed that custody be handed over to her in court.

Court also clarified that any future custody modification requests must be decided by the Family Court in accordance with the Calcutta High Court’s child custody guidelines.