THIRUVANANTHAPURAM: In a landmark verdict, the Kerala High Court has ordered all family courts in the state to follow for now the Child Access & Custody Guidelines issued by the Calcutta High Court in 2025 while considering custody cases of children whose parents are involved in matrimonial disputes.
The June 1 judgment, coming at a time when Kerala mourns the death of the toddler from Nedumangad who suffered prolonged, brutal physical abuse at the hands of his mother’s partner, directed that the Calcutta HC guidelines be followed until a committee constituted to consider a similar plan places its recommendations.
“It is unfortunate to see the child being used as a pawn in the hands of the parents,” the HC said while hearing a habeas corpus petition filed by a woman saying her child was illegally removed from her custody by the father, her husband. The HC, which considered the Calcutta court’s guidelines as foundation, ruled in the mother’s favour and directed family courts to adhere to the guidelines.
The Child Welfare Council applauded the HC directive. “The judgment is relevant in the backdrop of the shocking Nedumangad case. Society should evolve into a space that enquires why a child is crying, irrespective of whether the parents are separated or not. People should come to the realisation that a child is society’s collective responsibility,” Child Welfare Council general secretary G L Arun Gopi told TNIE.
He said parents not willing to take care of their children properly should opt for government facilities like ‘Ammathottil’, not wait for a tragedy to react. Adv Navaneeth N Nath, who appeared for the child’s mother, said the comprehensive guidelines effectively address matters concerning children’s custody. “Since Kerala does not have such a guideline currently, the judgment will be helpful in other cases too,” he said.
What does it say
The Child Access & Custody Guidelines 2025 cover various aspects, including norms for the non-custodian guardian’s visitation times based on the child’s age. The Calcutta HC drafted them to quickly dispose of cases while ensuring the child’s rights – to be showered with the love and affection of both parents – are not lost or delayed.
They say that at any stage of the proceedings, the court may appoint a special officer to oversee the visitation process. Courts can shift custody of the child if they are repeatedly barred from contacting or alienated from the other parent. The custodian parent is also not allowed to speak about the other in a derogatory tone before the child. If needed, a special officer can be appointed to record observations after every visitation and they shall submit a report before the court regularly.
