THIRUVANANTHAPURAM: Family courts should be made ‘child-friendly’ taking into account the huge physical, mental and emotional stress that children accompanying their parents undergo during the hearing of divorce petitions, the state child rights commission has recommended.
The recommendation forms part of a study undertaken by the commission on the problems faced by children of couples undergoing divorce proceedings and the condition of family courts in the state. The study analysed in detail the condition of 120 children between the age of six and 18 whose parents are involved in divorce proceedings in the 35 family courts across the state.
The study report was submitted to Chief Minister Pinarayi Vijayan by commission chairperson K V Manojkumar on Thursday. “While deciding on the custody and protection of children, arguments between parents in front of them put the children under a lot of mental stress. The setting up of child-friendly family courts can address this problem to a large extent,” the report suggested.
The report has also proposed collection of a specific amount from both parents (petitioners and respondents) for creation of a welfare fund to be utilised for the health, education and other needs of children during the course of hearing of the divorce petition. The District Legal Services Authority (DLSA) should be empowered to utilise the funds for the children’s welfare. Such an arrangement assumes special significance in the case of children who face physical or mental challenges.
“In circumstances where parents have to bring children to family courts for case related matters, the guidelines issued by the High Court should be strictly adhered to,” the report said. It has recommended that sittings on divorce petitions be conducted on Saturdays or during school holidays so that children do not miss their classes.
The report has recommended that courts should make arrangements for providing the services of clinical psychologists or mental health experts for addressing the issues faced by children. In cases where the family court has to interact with children or parents who are staying in far away places, digital conference facilities should be ensured. The report has also called for giving priority to cases in which children accompany the parents to family courts.
The commission in its report has also proposed providing financial assistance through DLSA or District Child Protection Unit to children in case the parent is not in a position to provide child support or maintenance due to special circumstances.
WHAT STUDY SAYS
Only four of 35 family courts have child-friendly environment
84% of parents have not received help to address children’s problems
78% of children surveyed do not like visiting a family court
52% parents take children to family court without the court’s directives
57% of parents do not visit the children after divorce