Kerala High Court Calls For 'Child-Centric' Custody Approach, Urges Parents To Rise Above Conflict

The Kerala High Court has recently underscored the urgent need to shift from a parent-centric to a child-centric approach in custody disputes, highlighting the severe emotional toll such litigation imposes on children.A Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha made the observation while considering a habeas corpus petition filed by a mother alleging illegal detention of her two minor children by their father.The Court observed that children in custody matters are victims drawn into the battle between their parents for nothing that they can comprehend. It expressed anguish over the psychological trauma experienced by minors, noting that prolonged litigation often leaves “irreparable” emotional scars.“Litigation related to custody of children invariably becomes uncontrollable because of the ego and strife between their parents - creating irreparable trauma and causing manifest toll on them.” the Court added. The Bench emphasized that courts frequently witness children being exposed to distressing situations, including being “paraded” during custody exchanges, which can erode their dignity and self-worth.The Court thus called for a fundamental overhaul in custody jurisprudence. It held that adjudication must prioritize the child's physical, emotional, educational, and psychological well-being over parental claims of rights.“The parent-centric evaluation of “child custody” matters has to surely give way for “children-centric” approach; with specific emphasis to their physical, educational, social and psychological requisites and imperatives.” the Court observed. The Court further noted that litigations regarding custody never happen on account of any contribution from the children; and they are drawn into the battle without their fault. It added that during custody battles, the rights of the children are often forgotten. The Court thus observed that a shift in the custody jurisprudence is necessary. “Unfortunately, in the din of all this, the rights of the children - also constitutionally protected as being fundamental - are wholly forgotten, since they are neither parties to the lis, nor construed capable to act for themselves in law.We strongly believe that the underlying forensic philosophy in custody matters will have to now be thought of differently, with specific emphasis on the children and the imperative desideratum for them to obtain time and affection from both parents equally.” Court added. While the Court disposed of the present petition by resolving the custody dispute through a mutually agreed arrangement between the parents, the Court clarified that custody is not about choosing between parents but about safeguarding a child's right to a balanced upbringing. “Custody is not an evaluation of choice between the parents, as is now often seen to be; but recognition of the constitutionally protected rights of the child, to have both parents. Custody is not separation or alienation from one of the parents; but entrustment in the most apposite manner, for the child to be ensured a deserving life, free of strife and anxiety.” the Court said. The Court stressed that the legal system bears a paramount duty to ensure children grow up insulated from parental conflict, with meaningful access to both parents.Case Title: X v State of Kerala and Ors. Case No: WP(Crl.) 319/ 2026Citation: 2026 LiveLaw (Ker) 165Counsel for Petitioner: C.S Sindhu Krishnah, R. SanjithCounsel for Respondents: H. Praveen (Kottarakkara), P. Narayanan (Spl.GP), T. Sethumadhavan (Sr.), Sunilnath G.PClick Here To Read/ Download Judgment

Kerala High Court Calls For 'Child-Centric' Custody Approach, Urges Parents To Rise Above Conflict

Anamika MJ

Tags