PUNE: The Pune family court has directed a couple to follow a parenting plan for their eight-year-old son until their rights are determined through an ongoing divorce case.
Just as consent terms, a parenting plan is a written agreement between parents, which covers practical issues of responsibility, approved by the court. A relatively nascent concept in India, the plan gives details about when the parent, who does not have custody of the child, could share access to the child during vacations and festivals, their transport arrangements and other emergency short-term and long-term decisions.
On March 19, the Bombay high court approved a draft parenting plan as a base document, which formed the basis for the Pune family court judge Prasad Palsingankar to pass the order on November 5. The judge cited a number of Supreme Court and high court rulings that focus on the best interest of the child.
The court was responding to a Sangli-based developer's plea seeking reasonable distribution of responsibilities among parents and access to his son whose custody is with his estranged wife, a resident of Pune. The couple separated three years ago, citing incompatibility and frequent quarrels. The court- approved plan allows the father to meet his son thrice in a month in Pune and temporary custody for half his child's vacations, including Diwali and Christmas.
The court also appointed marriage counsellor Anjali Kore as a mediator to oversee the execution of the plan and fine tune it, if necessary. The couple can change the plan only after the counsellor's approval, the court ruled.
Judge Palsingankar has himself described the eight-page order as a milestone. The court had earlier asked the couple to finalise a parenting plan but since it was difficult to establish consensus, it held a hearing and approved the interim plan.
Lawyer Ajit Kulkarni, who is representing the father, told TOI, "The Hindu Minority and Guardianship Act, 1956, states that a child below the age of five must be with his/her mother. However, there are times when the father and his relatives yearn for access to the child. This is a legitimate expectation and is also important from the viewpoint of the child, who needs support, love and contact with both parents."
In the current case, the mother had raised objections to the parenting plan proposed by the father on the grounds that the child was not comfortable with him. The court ruled that it was not impressed with her stand considering that she was a custodian parent and had a greater influence on the child.
https://timesofindia.indiatimes.com/city/mumbai/Kids-age-no-ground-to-deny-access/articleshow/49727091.cms
