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Mumbai family court backs shared parenting in divorce cases
The Bombay high court in 2016 ruled family courts should invite parties to matrimonial litigations to consider joint parenting plans
Mumbai: A family court in Mumbai has issued a circular calling upon lawyers representing estranged spouses, judges, and marriage counsellors to explore the possibility of amicable arrangements for shared parenting while citing a January 2016 Bombay high court judgement.
The high court observed joint parenting should be the rule and single parenting an exception. “When both parents are available, their association with the child cannot be artificially denied only due to fights, hatred, and vindictive approach of the parents,” the high court said in 2016. It added the family courts should invite parties to matrimonial litigations to consider shared parenting plans.
In the circular on March 5, principal judge P L Palsingankar said: “Considering the...judgment of the...High Court and considering the provisions contained in Section 9 of the Family Courts Act, 1984, it is the duty of all stakeholders of Family Court to see that there is an amicable settlement of ‘lis’ [litigation] pertaining to the issue of custody and access for the benefit of the child.”
Palsingankar called it necessary to introduce a “Parenting Plan” to the parties and their lawyers to explore the possibility of an amicable arrangement in respect of custody, access, etc of the children in divorce cases. He directed the registry to make available an editable draft parenting plan on the family court’s website so that willing spouses can download it and edit it suitably and submit it for consideration.
The 12-page standard plan makes provisions for the residential parenting schedules. This includes sharing custody of the child or children and access and arrangements for school and other related aspects, extra-curricular activities, day-to-day affairs, and major decisions. The draft plan also makes provisions for modifications in the plan and outlines the rights of the child and the parents.
The Law Commission of India recommended the awarding of joint custody of children in divorce cases seven years back.
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