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Family Court premises no place for non-custodian parents to spend time with their kids: PIL

Children of parents locked in divorce proceedings or already separated suffer much more beyond the turmoil in their respective homes. Since the children remain in the custody of one of the parents, most of them get to meet the other parent in the cramped children complex at Family Court, Bandra, a place far removed from spots where people spend time with their kids. This can have serious effects on their psychological well being.

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Children of parents locked in divorce proceedings or already separated suffer much more beyond the turmoil in their respective homes. Since the children remain in the custody of one of the parents, most of them get to meet the other parent in the cramped children complex at Family Court, Bandra, a place far removed from spots where people spend time with their kids. This can have serious effects on their psychological well being.

These are the highlights of a public interest litigation filed in the Bombay high court which seeks implementation of the Child Access & Custody Guidelines – formulated by NGO Child Rights Foundation. It suggests that access of kids should be granted to non-custodian parents outside the family court complex.

Petitioner K Mirza, a social activist, has claimed that she has interacted with several psychologists who have confirmed that such guarded access, especially in an environment where litigations are taking place, has grave impact on the mental and physical growth of the children.

The PIL states that although the guidelines have been framed and circulated to all the concerned, the same have not been implemented. Alternatively, it has requested the HC to frame guidelines to help the affected non-custodian parents and the children. The practice affects the families and relatives of the non-custodian parents as well, states the PIL.

"Moreover, society of a non-custodian parent includes a person's right to move with the child to playgrounds, enjoy his/her company, going for movies, spending time with grandparents, including other relatives on weekends, playing with cousins, etc., and taking the child for various activities, viz., sports, weddings, birthday parties, enjoying religious festivals, visiting the school, attending the parent-teachers meetings and becoming aware of the academic performance of the child, etc." adds the PIL.

The petition has requested the court to permit a panel of renowned psychiatrists to visit the Family Court, Bandra, to ascertain the psychological conditions of the children and submit a report.

The PIL is likely to be heard next on March 31.

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