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Karnataka

Karnataka HC replaces ‘visitation’ with ‘parenting time’ in child custody cases

Calling it parenting time recognises a simple truth that no parent is a visitor in the life of a child.

Express News Service

BENGALURU: Stating that it is high time for a change in the language employed in judicial proceedings concerning custody of children, the Karnataka High Court said that henceforth all family courts and courts dealing with guardians and wards cases (G&WC) shall use the term ‘parenting time’ in place of ‘visitation’.

“In matters concerning custody, courts often use the word ‘visitation’ to describe the time the child spends with a parent who is a non-custodial parent. The term is familiar, but it carries an unfortunate suggestion that one parent is part of the child’s life while the other merely visits.

A child should not be made to understand the relationship through the word ‘visitation’, which is used for someone who arrives and leaves as a guest. Children read the conduct of adults and sometimes the words of courts to understand where they belong.

Calling it parenting time recognises a simple truth that no parent is a visitor in the life of a child. Though a change in terminology does not decide questions of custody, when a court imposes restrictions on access to the child, the word ‘parenting’ is more humane”, observed Justice Lalitha Kanneganti while passing the order in a family dispute.

Noting that the concerned shall issue administrative instructions so that, while filing an application, the parties shall seek ‘parenting time’ instead of ‘visitation’, the court directed that the Registrar General shall communicate this order to all the family courts and other courts dealing with G&WC matters and also issue a circular in this regard.

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