Divorce is a process of separation amongst spouses. However, split between parents cannot be a reason for their child to be raised as a semi-orphan.
The bitter matrimonial battles between estranged couples leave irreparable scars on children, especially when they see their parents fighting daily in front of them, and even worse, when they are tossed upon between a warring couple.
When all such matters reach court, the custody of the child is most often handed over to the mother, who is assumed to be a better biological guardian. While non-custodial fathers are given access on paper to meet their own children, invariably these court orders are defied by the custodial parent, thereby creating an irreversible loss of emotions between the father and the child.
The Indian judicial system is burdened with millions of cases, and thus by the time any court comes up with their final judgement, the child has already descended in a zone, detesting, hating and abhorring the father.
Since past several years, the legal fight for ‘shared parenting’ has been taken up by several silent warriors – non-custodial fathers and their family members – to ensure future generation men do not endure the same pain that they and their families had to go through, due to lopsided gender biased laws in India.
LANDMARK ORDER
On September 26, 2025, the Calcutta High Court passed a landmark order introducing a comprehensive framework for child access, custody, and parenting plans across West Bengal and the Andaman & Nicobar Islands. These guidelines that were finalized by the Court’s Rule Committee, aim to ensure that children of separated or divorced parents are not deprived of the love and affection of both parents while safeguarding their overall interests.
The seed for bringing about this change was laid in the year 2014, when a Navi Mumbai-based NGO, ‘Child Rights Foundation’, published a research on “Child Access and Custody Guidelines and Parenting Plan.” Taking cue from this, a writ petition was filed before the Calcutta High Court in 2021.
The petition was filed by Dr. Rahul Roy in collaboration with the Ayushman Initiative for Child Rights, led by Mr Arijit Mitra. The objective of this petition was to urge the honourable Calcutta High Court to adopt guidelines – as suggested by the Child Rights Foundation – and give it a formal structure for Family Courts to implement the same.
The matter was taken up by the High Court and on July 19, 2022, a division bench consisting of the Chief Justice and Justice Rajarshi Bharadwaj referred the same to the High Court’s Rule Committee.
Multiple consultations were undertaken that included inputs from Judges, child psychologists, and welfare experts, and subsequently in September 2025, the Calcutta High Court approved the “Child Access & Custody Guidelines with Parenting Plan.” These guidelines are in line with international standards such as the ‘UN Convention on the Rights of the Child‘ and domestic reforms suggested in the 257th Report of The Law Commission.
GUIDELINES IN BRIEF:
(I) Shared Parenting Is An Equal Responsibility Amongst Separated Parents
The crux of these guidelines is based on the presumption that both parents share equal responsibility for their child’s upbringing. The Court emphasized that the child’s best interest lies in maintaining meaningful relationships with both parents and extended family members, including grandparents and cousins. Joint parenting arrangements must now be prioritised by courts wherever feasible.
(II) Visitation Plans Must Be Time Bound
It is most crucial that a deadline is set for charting out a visitation plan. The counselors will now aid parents, to draw an interim visitation plan within one week of the summons in custody proceedings. A final visitation schedule must be finalized within 60 days, ensuring minimal disruption to the child’s routine.
(III) Meetings Must Be Regular and Have Meaningful Contact
In child custody cases, non-custodial parents are often reduced to becoming Santas, where they are granted minimal visitation rights and are expected to meet their children with gifts on that day.
However, the 2025 Calcutta High Court guidelines will now ensure guaranteed regular access through weekend overnight visits, weekday meetings, holidays, and festivals. The guidelines also suggest that these parent child meetings must happen in a child friendly environment and not within court premises.
(IV) How Will These Guidelines Be Monitored For Strict Compliance?
Family courts have been given the option to appoint psychologists, social workers, or even trusted relatives as special officers to supervise visitations and submit periodic reports.
(V) Child Must Be Protected Against Parental Alienation
The guidelines have given utmost priority to take up cases where allegations of abuse and neglect of the child are reported. If allegations are found to be false, courts have been given a free hand to impose heavy costs and in respective cases, even shift custody to protect the child from psychological harm. Family Courts are also directed to stay vigilant against ‘parental alienation’ and may order psychiatric evaluations, if required.
(VI) Separated Parents Living In Different Countries
In many custody battles, estranged spouses live in different jurisdictions. For all such parents, courts may rely on provisions of the Hindu Minority and Guardianship Act. If the non-custodial parent lives overseas, he/she will be granted online visitation rights and custody during vacations, ensuring that the children do not face parental alienation.
(VII) Both Parents Unfit
The High Court has also evaluated the possibility of scenarios where both parents could seem unfit to raise their children and after in depth review of all such cases, the custody may be handed over to either grandparents, other relatives, or foster homes under strict monitoring.
(VIII) Custody Claim Timeline
The High Court has introduced a new 90-day limitation period for filing custody claims, whenever the other spouse denies access. However, the courts may now not entertain any child custody cases filed beyond this period, presuming a lack of bona fide intent unless valid reasons are shown.
(IX) Alternate Weekly Joint Custody
The guidelines also include permitting alternate weekly custody, wherever possible, thereby, allowing the child to spend one week each, with both parents, provided this does not harm his/her welfare.
CONCLUSION
While the hardships of parental alienation are most commonly faced by non-custodial fathers, there are several cases, where mothers too have been alienated from their children, when the custody favours rich and powerful fathers.
We truly hope that these Calcutta High Court guidelines are adopted by other High Courts pan India, thereby, percolating down the same to all Family Courts across the country.
No individual is born with topmost parenting skills, but the parent who succeeds best in their child’s upbringing, is the one who navigates and adapts through challenging circumstances in the best interest of their child.
The detailed guidelines and framework from the Calcutta High Court can be read on this given link below.
ALSO WATCH OUR VIDEO ON ‘ARREST GUIDELINES’ UNDER SECTION 498-A IPC:
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