Calcutta High Court: In the present petition, the trustee of the Purush Kalyan Public Charitable Trust (‘Trust’) sought judicial guidelines for child custody and visitation, highlighting the emotional harm caused to children when contact with one parent was obstructed. The petitioner emphasised the lack of uniform standards in Subordinate Courts and the need for structured rules to ensure shared parenting. Recognising this, the Division Bench of Soumen Sen, CJ (Acting), and Apurba Sinha Ray, J., approved the Child Access & Custody Guidelines framed under Section 10(3) of the Family Courts Act, 1984 (‘Family Courts Act’). The Court directed that these guidelines must be followed in all custody matters and should be published on the Court’s website for immediate implementation.
The petitioner, a public-spirited individual and trustee of the Trust, a not-for-profit organisation promoting equal and shared parenting, highlighted increasing marital discord and family breakdowns, with children often becoming unintended victims especially in West Bengal, where custodial parents obstructed interaction with non-custodial parents, affecting children’s emotional and developmental well-being.
With rising matrimonial disputes, litigation on guardianship, visitation, and custody increased under the Guardians and Wards Act, 1890 and other statutes. The petitioner approached authorities including the Ministry of Women and Child Development and the West Bengal Commission for Protection of Child Rights (‘WBCPCR’), seeking a shared parenting plan. However, the WBCPCR responded that it was not the appropriate authority and suggested judicial consultation.
The petitioner clarified that he was raising a broader issue of child welfare, not representing any individual case, and emphasised the absence of guidelines in subordinate courts. It was further submitted that despite several efforts, no progress had been made, and relief was sought under Article 226 of the Constitution due to the negative impact on child development and the failure to implement shared parenting as envisaged by higher Courts.
Accordingly, the petitioner submitted that in a meeting held on 18-09-2025, the Rule Making Committee approved the suggestions. The Court directed the approved guidelines be placed before the Rule Committee for necessary changes under Section 50(1)(j) of the Guardians and Wards Act and until formally framed and approved, the guidelines were to be followed.
Consequently, the Court directed that the approved guidelines be placed before the Rule Committee for necessary changes in the Rules under Section 50(1)(j) of the Guardians and Wards Act. Accordingly, until the Rules were formally framed and approved, the guidelines were to be followed.
In the meeting held on 09-04-2024, the Rule Committee directed the Sub-Committee to prepare a modified guideline incorporating subsequent suggestions. The Sub-Committee held meetings in May and June and finalised the modified guidelines, which were emailed to the Registrar (Judicial Service) on 12-06-2024.
The Rule Making Committee acknowledged the extensive work of the Sub-Committee in modifying the guidelines to serve the best interest of the child in custody, joint parenting, and access matters before competent courts in West Bengal and the Union Territory of Andaman & Nicobar Islands. In its meeting on 24-09-2024, the guidelines were finally approved along with the Preface.
Whereby, the Court recognised the urgent need for structured guidelines to assist Family Courts in child access, visitation, and custody. The Court observed rising divorce rates and custody battles causing psychological harm to children, often used as tools of vengeance. The Court further emphasised children must grow up with love and respect from both parents and extended family, and that shared parenting is in the child’s best interest. The guidelines were framed under Section 10(3) of the Family Courts Act and aligned with constitutional mandates and international obligations under the UNCRC.
Following multiple petitions and consultations, the Rule Committee finalised the Child Access & Custody Guidelines and Parenting Plan in September 2024. These cover interim/final visitation, reintroduction of absent parents, custody shift grounds, and mandatory parenting plans. They promote equal or substantial time with both parents, overnight access, school and extracurricular participation, and protection from parental alienation. The Registrar (Judicial Service) was directed to circulate the guidelines to judicial officers, and the Registrar (IT) to publish them on the Court’s website for immediate implementation.
In view of the directions, the Child Access & Custody Guidelines and Parenting Plan, as approved by the Court, are reproduced below for implementation and reference.
Child Visitation Guidelines
The custodial parent is defined as the parent with primary custody, while the non-custodial parent includes the other parent, grandparents, siblings, and other relatives or a “fit person” under Section 2(i) of the Juvenile Justice Act, 2000. These guidelines apply to both interim and final visitation rights, which include regular, weekend, holiday, festival, birthday, anniversary, family event, and emergency visitations. Courts may appoint Amicus Curiae, Child Welfare Experts, or Special Officers under relevant provisions to assist in visitation matters. Within one week of summons or the first counselling session, parties must draw up an interim visitation plan. The Court must ensure that the child spends equal or substantial time with both parents, and if parties cannot agree, mediation shall be the first alternative. Visitation is a child’s right and must not be treated as a parental privilege.
Reintroduction of Absent Parent
If a parent has had limited or no contact with the child, the Court shall facilitate reintroduction through a structured schedule. If mediation fails, the Court must adopt a schedule to ease the reintroduction. Visitation rights should be granted within three months to foster meaningful relationships.
Shift of Custody
Custody may be shifted if the custodial parent repeatedly denies contact, alienates affection, speaks derogatorily about the other parent, or relocates the child to obstruct access. The Court shall not pass a decree for divorce unless arrangements for the child’s maintenance, education, and custody are made. Parents must file a sworn parenting plan with pleadings, and if no agreement is reached, the Court shall formulate one. To prevent non-compliance, the Court may award compensatory access, impose fines, mandate counselling, or shift custody in severe cases.
Interim Visitation
Interim visitation must be at least three hours per week. For children aged 0 to 36 months, weekend and weekday visitation is allowed at the Court’s discretion, with at least three hours on holidays. For children aged 36 months and older, the non-custodial parent is entitled to one overnight visit every weekend and two weekday evenings if residing within 50 km. Holiday visitation takes precedence over regular schedules, and if access is denied, visitation may occur at the Children’s Complex Room or another approved location.
Final Visitation Guidelines
Parties must finalise visitation within 60 days. Mediation shall be the first alternative. The schedule must be executed and placed on record. The Court may fix minimum durations and locations for visitation, avoiding court premises or advocate chambers unless necessary. Special Officers may be appointed to oversee visitation and report observations. In cases involving domestic violence or criminal proceedings, no-contact provisions override visitation guidelines unless modified by the Court.
Medical and Emergency Protocols
Both parents must provide prescribed treatment and notify each other within three hours of any illness or accident involving the child. Hospital visitation is allowed.
Communication Rights
Daily telephone communication between the child and both parents is mandatory. All correspondence and gifts must be delivered without interference. Parents must share school and health records and notify each other of school and extracurricular activities within 24 hours.
Additional Visitation
The non-custodial parent may request additional visitation with at least 12 hours’ notice for religious functions, emergencies, or family events. The custodial parent must provide clean clothing for visitation, which the non-custodial parent must return in the same condition.
Relocation and Address Changes
Relocation requires 90 days’ written notice. Any change in address or phone number must be communicated within 24 hours verbally and 72 hours in writing. The custodial parent cannot change the child’s name or school without consent.
Child Support and Visitation
Non-payment of child support is not a valid reason to deny visitation. Denial of visitation does not justify withholding support. Both issues are independent and must not be manipulated.
Overnight Access
Courts must consider equal or substantial time with both parents, including overnight access. This fosters emotional development and maintains family bonds. Children have the right to know and be cared for by both parents and enjoy their culture and heritage.
Shift of Custody for Parental Alienation
Custody may be shifted if the custodial parent unjustifiably punishes the non-custodial parent by alienating the child, obstructing visitation, engaging in excessive litigation, or making false complaints. The Court must act on conclusive evidence of such behaviour.
New Spouse or Companion
Parents must not encourage the child to refer to a new spouse or companion with parental titles. They must prevent interference in visitation and maintain respectful communication with each other.
Cancellation Protocols
If both parents live within 200 km, the non-custodial parent must give 12 hours’ notice for cancelling weekday or weekend visitation, three days for holidays, and 15 days for extended visitation. For non-local arrangements, the same notice periods apply. Cancelled visitation is forfeited unless both parties agree to a substitute schedule, which the custodial parent must not unreasonably deny.
Transportation
In local arrangements, the non-custodial parent picks up the child, and the custodial parent drops off. A mutually agreed third party may substitute for either parent. If one parent relocates and increases the distance by more than 30 km, that parent bears transportation responsibility. For non-local arrangements, the Court decides transportation on a case-by-case basis.
Waiting Period
The child must be picked up or delivered within 30 minutes of the scheduled time. Delays may result in forfeiture of visitation unless mutually agreed.
Amendments
Interim access schedules may be modified within one week of petition filing or counselling, subject to Court approval. If parties fail to agree, the counsellor shall draw up a schedule for Court approval.
Accordingly, while disposing of the petitions along with the connected application, the Court directed the Registrar (IT) to publish the Child Access & Custody Guidelines on the official website of the Court. In its final order dated 26-09-2025, the Court further clarified that these guidelines shall be followed in all matters concerning child custody.
[Antara v. High Court of Calcutta, WPA(P) 166 of 2022, decided on 26-09-2025]
Advocates who appeared in this case:
For the Ayushman Initiative For Child Rights (AIFCR), Petitioner No.2 [in WPA(P) 257 of 2021]: Mr. Sakya Sen, Sr. Adv. Mr. Arindam Paul, Adv. Mr. Amitava Bhowmik, Adv. Ms. D. Das, Adv. Ms. S. Chatterjee, Adv. Ms. S. Chowdhury, Adv
For the Petitioners [in WPA(P) 166 of 2022]: Mr. Shyamal Sarkar, Sr. Adv. Mr. Sankarsan Sarkar, Adv. Mr. Debanjan Mandal, Adv. Mr. Sanjiv Kumar Trivedi, Adv. Ms. Iram Hassan, Adv. Mr. Sanket Sarawgi, Adv. Ms. Mahima Cholera, Adv. Mr. Himanshu Bhawsinghka, Adv. Ms. Yukti Agarwal, Adv.
For the Petitioner [in WPA(P) 257 of 2021]: Mr. Sankar Prasad Dalapati, Adv. Mr. Souvik Maji, Adv. Mr. Kaustav Seal, Adv.
For the Petitioner [in WPA(P) 257 of 2021]: Mr. Siddhartha Banerjee, Adv. Mr. Soumajit Majumder, Adv.
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