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Parenting plan will reduce custody litigation burden on courts: Lawyers

The Parenting Plan, as it is known, is approved by the Bombay high court. Laws and rules governing access and custody of children are already in place, and this plan has been introduced to further simplify the process.

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It's been a month now that advocates/counsellors and judges are urging couples seeking divorce to fill up a standard parenting plan, which gives details about when the parent who doesn't have custody of the child would get access to him/her during vacations and festivals, their transport arrangements and other emergency short-term and long-term decisions.

The Parenting Plan, as it is known, is approved by the Bombay high court. Laws and rules governing access and custody of children are already in place, and this plan has been introduced to further simplify the process.

Advocate Vaishnavi Balsekar, who has filed three applications under the plan, orders on which are awaited, said, "This is a very positive approach, it (the plan) deals with basic issues revolving around maintenance of the child. Through this, both parents can plan for the child's future with regard to school days and holidays."

The plan can be introduced at any stage of the litigation, either during the time of filing of divorce, when the estranged partner replies to the petition, or during the final hearing of the custody petition.

Advocate Paresh Desai said, "It is a mutually agreed plan between the parents. Thus, the chances of it being not followed are less. However, at the same time, it is not a final undertaking and can change as per change in circumstances."

On April 30, two judges of the family court — Swati Chauhan and LB Magdum — met advocates of the family court bar association to tell them about the benefits of the plan. If the scheme is followed properly, there will be a major decline in the number of custody battle petitions and the courts can give more time to the divorce petitions.

Balsekar said, "It is the need of the hour, the parenting plan can reduce 50-60% burden of custody fights on the courts. Moreover, parenting issues are always raised by one parent. If both jointly discuss and come to a mutually agreeable conclusion, then courts won't have to intervene."

However, the onus of making parents take up the plan lies on lawyers and counsellors. "Even before the warring couple approaches the court, the two either jointly or individually approach advocates. If at that time they are made aware of the benefits of deciding on a parenting plan for their child, they will surely accept it," said Desai.

The plan also mentions that if either parent disagrees or wants modification, s/he must make a good faith effort to resolve the issue either through mediation by neutral party chosen by the parents or through court orders. Non-cooperation of parenting plan may amount to breach of trust and parents are required to approach the court in such a case.

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