Supreme Court Sets Guidelines for Child Custody Evaluations
The Supreme Court of India has issued comprehensive guidelines regarding the psychological assessment of children embroiled in custody disputes between parents. On Thursday, a bench led by Justice Sanjay Karol and Justice N Kotiswar Singh emphasized that such evaluations should be rare and only employed when absolutely essential.
In its ruling, the bench highlighted the preliminary need to evaluate the mental health of the parents involved before contemplating any psychological assessment of the child. “Family Courts must first appoint a psychologist to assess the psychological condition of both parents, particularly the one who currently holds custody of the child, before deciding on the necessity of evaluating the child,” stated the Court.
The Court further instructed that if the family court, based on the psychologist’s report, deems the child’s psychological assessment unnecessary or inadvisable, then it should be avoided. The directive came in response to a plea against the Bombay High Court’s orders, which had mandated a psychological evaluation of a minor in a custody dispute. Previously, a panel of experts was set up to assess both the child and the parents to facilitate the restoration of interaction between the father and the child.
The Supreme Court modified the High Court’s directives dated April 27, 2023, and December 7, 2023, remanding the case back to the family court for reconsideration in light of the newly issued guidelines. When child evaluation is deemed necessary, the Court ruled that it must be conducted by an independent child psychologist, in coordination with any psychologist already treating the child, and with minimal engagement to avoid affecting the child’s mental well-being.
Additionally, the Court underscored the evolving psychological needs of children with age, suggesting that family courts should periodically review and assess these needs. “Family Courts must remain conscious that a child’s psychological needs change with age and may require periodic review and assessment,” the Court advised.
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Addressing concerns such as parental alienation and the formation of false memories, the Court urged family courts to ensure that children are not subjected to influences that could lead to such tendencies. Emphasizing its role as parens patriae, the Court noted that custody and visitation disputes are inherently dynamic and can evolve over time, allowing parents to seek changes in custody or visitation rights as circumstances change.
The Court also instructed parties to update family courts about any ongoing proceedings under the Protection of Children from Sexual Offences Act (POCSO), as these could significantly impact decisions related to visitation and custody. “Parties must apprise the family court of the status of proceedings pending under the POCSO Act against the respondent, as those proceedings may significantly affect decisions concerning visitation and custody rights,” the Court directed.
The Court’s reasoning was informed by expert reports, including those from the National Institute of Mental Health and Neurosciences (NIMHANS) and the Department of Child and Adolescent Psychiatry, which pointed out the intricate psychological challenges faced by children in parental disputes. These reports highlighted issues such as strained family relationships, parental conflict, mental health challenges, school-related difficulties, and instances of malicious conduct by parents.
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“Such studies reflect both the mental health of children involved in parental disputes and the psychological condition of the disputing parents, providing an important backdrop for judicial decision-making,” observed the Court.
