The Kerala High Court recently lamented the condition of children caught up in custody battles between their parents. In the battle between the father and the mother, the child’s interest often does not get adequately represented, as said by a division bench composed of Justice Sophy Thomas and A Mohammad Mushtaque.
A division bench of Justice Sophie Thomas and A Mohammad Mushtaq passed a ruling in a case filed by a father who wanted to seek custody of his youngest child.
Initially, the Kerala High Court appointed an independent counsel who would represent a child in case of a custody battle between the parents. The High Court decided only after noticing the parents fighting during the custody. Leaving nobody to protect the interest of the child. Hence, a division bench of Sophie Thomas and Justice A Mohammad passed this ruling in a case filed by the father seeking custody of the youngest child; the court observed the rights of the child were not correctly represented by the parents amidst their wrangle and hence decided to appoint an independent solicitor on behalf of the child to represent the interest of the child.
This is the first instance where a lawyer was appointed for a child by the court. In another child custody case still pending in Kerala High Court, advocate Parvati Menon, Project Coordinator of the Crime Rights Centre, had also suggested that an independent children lawyers scheme must be formulated by the Legal Services Authority under which lawyers can provide services to children.
The petitioner is a practicing lawyer with three children with his estranged wife. While the custody of the two children was given to the father, the case pertains to the custody of the youngest child. The custody of the two children was granted to the father, only noting that their maternal grandfather molested them.
The father initially filed a custody petition in a family court, which did not press the petition. The mother then petitioned before the court, seeking the child’s custody. The family court then asked the High Court whether the father could press the original petition.
Does the Pocso Act for Child Protection protect child interest in custody battles?
The court then noticed that the Protection Of Children from Sexual Offences Act (POCSO Act) cases were registered against the child’s maternal grandparents and directed the Kozhikode district legal services authority to have an independent council for the child.
In my opinion, the Pocso Act has several benefits in place for the protection of children. Some of these benefits include establishing special courts for speedy trials of offenses against children, creating child-friendly procedures for recording evidence, and the provision of rehabilitation and compensation for victims of child abuse. Additionally, the Act mandates the appointment of special public prosecutors for these cases and requires the mandatory reporting of offenses against children.
The advantages of independent counsel representing a child’s rights in a child custody case include:
- Ensuring that the child’s voice is heard in court proceedings.
- Protecting the child’s best interests.
- Advocating for their needs and wishes.
Additionally, independent counsel can provide a sense of stability and support for the child during a difficult and emotional time and can help to minimize the potential adverse effects of the custody proceedings on the child’s well-being.
#CoParentingGoals, #ChildFirst, #FamilyLaw, #ChildCustody, #ChildSupport, #ChildVisitation, #BestInterestsOfTheChild
