Divorces are complicated, more so when there are children involved. Splitting is hard enough and having to ensure what is best for the child/children and to do it in a way that does not hurt them. While it is ideal for a child to have both their parents available as they grow up, sometimes it isn’t feasible. However, a family court in Mumbai has supported shared parenting of the children after a divorce.
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A Mumbai family court has issued a circular that calls upon lawyers, judges and marriage counsellors that have handled divorce cases and estranged spouses. The court hopes to figure out an amicable way to make shared parenting a possibility as they cite a judgement from a Bombay high court judgement in January 2016.
The high court had said that joint parenting should be the rule and single parenting should only be an exception. The court said that if both parents are available, their association with the child should not be falsified just because of the hateful and vindictive nature of the parents’ relationship. According to Hindustan Times, on March 5, principal judge P L Palsingankar stated, “Considering the…judgment of the…High Court and considering the provisions contained in Section 9 of the Family Courts Act, 1984, it is the duty of all stakeholders of Family Court to see that there is an amicable settlement of ‘lis’ [litigation] pertaining to the issue of custody and access for the benefit of the child.”
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Palsingankar stated the importance of introducing a “Parenting Plan” and encouraging amicable settlement for shared parenting and custody. He directed the registry to make an editable draft of the parenting plan on the court’s website. This is done so that willing spouses can edit and submit it for consideration. The 12-page standard plan accommodates residential parenting schedules. This schedule will discuss sharing custody of the child and their schooling and other schedules too. There are is also scope for modifications and changes. The Law Commission of India suggested granting joint custody in divorces cases even seven years back.