Karnataka High Court Asks Trial Courts To Follow Calcutta HC's Child Access & Custody Guidelines Till Formal Rules Are Notified

The Karnataka High Court has directed that the Child Access & Custody Guidelines along with Parenting Plan 2025, which has been approved by the Calcutta High Court, will be applied by all trial courts in the State till formal Rules in this regard are framed and notified by the Rule making Committee of the High Court.

A Division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha said,

“We direct that the said guidelines be placed before the Rule Committee for considering the necessary changes. In the meanwhile, the Registrar General shall circulate these guidelines to all the District Judges and Family Courts and Magistrates in the State exercising jurisdiction in the matters relating to Protection of Women from Domestic Violence Act, 2005. We clarify that the said guidelines shall be applied till the Rules are made by the Rulemaking Committee and are approved in accordance with law.”

The court gave the direction while hearing a suo-motu petition which cites cross-border migration as a factor of increased personal conflict between adults and says children get stuck in custodial battles.

The plea stated that there is no uniformity in the definition of "natural guardian" across various personal laws and that it is necessary for guidelines to take this into consideration and properly assess the psyche of the child prior to passing an order granting custody.

It further stated that the government should synthesize the extant law and best practices into guidelines, including scientific and professional knowledge with regard to a child's psychological best interest, and constitute facilities with appropriate experts to evaluate the same.

During the hearing the counsels for the parties informed the court that Child Access And Custody Guidelines along with Parenting Plan 2025 was formulated with the participation of several stakeholders and the said guidelines were placed before the Calcutta High Court. The same were directed to be circulated in terms of the order dated 23.09.2025. Thus the said guidelines may be directed to be adopted in Karnataka till the same are considered by the Rule Committee and appropriate changes are made which may be necessary.

The court in its order noted that the Calcutta High Court, while considering a PIL for a direction to frame appropriate guidelines for the child access, child custody along with parental plan, had referred the matter to the Rule Committee of the said Court. The Rule Committee invited suggestions from District Judges, Directors of the Judicial Academy, State of West Bengal, Child Psychologists and other relevant stake holders, who had held various deliberations with regard to the suggestions made.

A Sub Committee was also appointed for the said purpose and guidelines (for child access, child custody along with parental plan) have been framed. Pursuant to which, the Calcutta High Court by order dated 23.9.2025 accepted the same and ordered that till the Rules are framed and approved, the guidelines be followed.

Case Title: The High Court Of Karnataka And Union of Indian & ANR

Case No: WP 24360/2023

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