Court for shared parenting among estranged couples
By Sharmeen Hakim Indorewala, Mumbai Mirror | Feb 11, 2015, 12.00 AM IST
Actor Hrithik Roshan and Sussanne Khan, while being granted divorce, were given ‘joint custody’ of children
While new law awaits approval, court encourages estranged couples to share duties, prevent 'good parent-bad parent' mentality which results when one has custody and the other only visitation rights.
An Andheri businessman and his estranged wife recently approached the Family Court in Bandra, both seeking permanent custody of their 10-year-old son. In the midst of heated arguments, the judge handed them a 'Shared Parenting Form' and asked them to consider filling it together.
Far from what the couple expected, the form described ways in which the child could be brought up by both parents instead of one. Different sections in the form included access during holidays, daily utilities, studies, financial support, etc.
"In a custody battle, no matter which parent wins, the child's always the loser. But in the concept of 'shared parenting', our endeavour is to ensure both parents participate in upbringing," a law officer who requested anonymity told Mirror.
Concept new to India
While the concept of shared parenting is prevalent in countries like US, Canada, Australia and UK, it is new to India but is gradually gaining ground. The Law Commission of India has only recently tabled a consultation paper on adopting a Shared Parenting System in India. "This, if enacted, can completely change the way litigation is carried out in family courts," the officer said.
According to existing laws, when parents file for custody, the one better suited to bring up the child is granted custody. In deciding this, courts take into account financial status, and other aspects that play a part in ensuring better upbringing. "The current situation creates a feeling of enmity between parents to prove who is 'better'. And in trying to do so, they pull each other down," said lawyer Anita Dalvi. "A child loves both parents, so why should he be forced to choose one?"
Family court steps in
While a draft on the parenting plan awaits High Court approval, Family Court judges have begun to familiarize litigants with the idea. "While it will take time for the system to be brought under law, the court couldn't have sat tight. It has medically been proved that parenting should be done by both parents," the officer said.
The plan
Under several heads, which include who will pay for what expenses of the child, how holidays will be divided, who will look after the child's homework, etc, parents have to come up with a plan.
"Sometimes the parent who has custody, makes the child study the entire week while the other takes him for weekend outings. Due to this, the child begins to dislike the parent forcing him to study," Dalvi said. "But this will be avoided in shared parenting, which divides responsibility between parents."
Lawyers have backed the move wholeheartedly. Lawyer Saajan Oomen said, "This is a great move for parents who don't have custody. I've seen parents in court corridors pleading for just few minutes with their child. The system will protect such parents. Also, if parents cannot decide amicably on the clauses, they can give their preferences to the court and let the judge decide."
While not exactly on the same lines, Bollywood star Hrithik Roshan and Sussanne Khan, while being granted divorce by mutual consent last year, were given 'joint custody' of their children. "While physical custody of their children will remain with Sussanne, access will be mutually decided by both parents," their lawyer Dipesh Mehta told Mirror.
An Andheri businessman and his estranged wife recently approached the Family Court in Bandra, both seeking permanent custody of their 10-year-old son. In the midst of heated arguments, the judge handed them a 'Shared Parenting Form' and asked them to consider filling it together.
Far from what the couple expected, the form described ways in which the child could be brought up by both parents instead of one. Different sections in the form included access during holidays, daily utilities, studies, financial support, etc.
"In a custody battle, no matter which parent wins, the child's always the loser. But in the concept of 'shared parenting', our endeavour is to ensure both parents participate in upbringing," a law officer who requested anonymity told Mirror.
Concept new to India
While the concept of shared parenting is prevalent in countries like US, Canada, Australia and UK, it is new to India but is gradually gaining ground. The Law Commission of India has only recently tabled a consultation paper on adopting a Shared Parenting System in India. "This, if enacted, can completely change the way litigation is carried out in family courts," the officer said.
According to existing laws, when parents file for custody, the one better suited to bring up the child is granted custody. In deciding this, courts take into account financial status, and other aspects that play a part in ensuring better upbringing. "The current situation creates a feeling of enmity between parents to prove who is 'better'. And in trying to do so, they pull each other down," said lawyer Anita Dalvi. "A child loves both parents, so why should he be forced to choose one?"
Family court steps in
While a draft on the parenting plan awaits High Court approval, Family Court judges have begun to familiarize litigants with the idea. "While it will take time for the system to be brought under law, the court couldn't have sat tight. It has medically been proved that parenting should be done by both parents," the officer said.
The plan
Under several heads, which include who will pay for what expenses of the child, how holidays will be divided, who will look after the child's homework, etc, parents have to come up with a plan.
"Sometimes the parent who has custody, makes the child study the entire week while the other takes him for weekend outings. Due to this, the child begins to dislike the parent forcing him to study," Dalvi said. "But this will be avoided in shared parenting, which divides responsibility between parents."
Lawyers have backed the move wholeheartedly. Lawyer Saajan Oomen said, "This is a great move for parents who don't have custody. I've seen parents in court corridors pleading for just few minutes with their child. The system will protect such parents. Also, if parents cannot decide amicably on the clauses, they can give their preferences to the court and let the judge decide."
While not exactly on the same lines, Bollywood star Hrithik Roshan and Sussanne Khan, while being granted divorce by mutual consent last year, were given 'joint custody' of their children. "While physical custody of their children will remain with Sussanne, access will be mutually decided by both parents," their lawyer Dipesh Mehta told Mirror.
