Child Access & Custody Guidelines Parenting Plan
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CHILD ACCESS & CUSTODY GUIDELINES ALONG WITH PARENTING PLAN CHILD ACCESS & CUSTODY GUIDELINES Along with PARENTING PLAN By CHILD RIGHTS FOUNDATION NGO Name: Child Rights Foundation Status: NGO Website: www.childrightsngo.com Email: [email protected] Cell: + 91 9699994646 / 9702022691 Published by : CHILD RIGHTS FOUNDATION, NGO E-mail : [email protected] Website : www.childrightsngo.com © PUBLISHERS : Printed at : Year of Publication : 2017 Although every care has been taken in the publication of this book, the publishers, the distributors and the printers shall not be responsible for any loss or damage caused to any person on account of errors or omissions which might have crept in. It is suggested that to avoid any doubt the reader should cross- check all the facts, law and contents of the publication with Child Rights Foundation, NGO. No part of this book may be reproduced or copied in any form or any manner whatsoever without the prior written permission of the publishers. All Rights Reserved Child Access & Custody Guidelines Circulated for Guidance and Information by : Hon'ble Bombay High Court Hon'ble High Court of Kerala Hon'ble High Court of Madhya Pradesh http://www.mphc.in/?q=node/277 Hon'ble High Court of Punjab & Haryana http://cja.gov.in/Important%20Instructions.html Hon'ble High Court of Karnataka Karnataka State Legal Services Authority For Family Courts Approved & Enforce Recommendations by : Hon'ble High Court of Himachal Pradesh http://hphighcourt.nic.in/index.htm Parenting Plan Approved by : Hon'ble Bombay High Court Hon'ble High Court of Himachal Pradesh http://hphighcourt.nic.in/index.htm Circulated for Guidance by : Hon'ble High Court of Madhya Pradesh http://www.mphc.in/?q=node/277 Hon'ble High Court of Punjab & Haryana http://cja.gov.in/Important%20Instructions.html Hon'ble High Court of Karnataka Karnataka State Legal Services Authority For Family Courts HIGH COURT OF KARNATAKA. R. O. C. HIGH COURT BUILDING, ..................... No. RPS. Genl./2017 BENGALURU - 560 001. From : THE REGISTRAR GENERAL, HIGH COURT OF KARNATAKA, BENGALURU-1 To : Sri. Jatin Katira, Child Rights Foundation NGO, B-3-13-04, Sector-3, Vashi, NAVI MUMBAI - 400 703. Sir, Sub: Child access and Custody Guidelines and Parenting Plan - reg. With reference to the above subject, I am to inform that, the books titled "Child Access & Custody Guidlines alongwith Parenting Plan' have been submitted to all the Hon'ble Judges of the High Court of Karnataka. This is for kind information. Yours faithfully, (ASHOK G. NIJAGANNAVAR) REGISTRAR GENERAL. 18/spl. No.Gaz.II(19-G) From: TheRegistrarGeneral, Punjab&HaryanaHighCourt, Chandigarh. To: TheDirector(Administration), ChandigarhJudicialAcademy, Sector-43-D,Chandigarh. Dated:Chandigarh;the9/1/15 Sub: Child Access & Custody Guidelines and Parenting Plan. Sir, Iamdirectedtoreferyouonthesubjectcitedaboveand to forward herewith a copy of Child Access & Visitation Guidelines formulatedbyChildRightsFoundationforconsideringitsinclusionin thecurriculumfortrainingofnewlyinductedJudicialOfficersaswell as refresher courses being organized for the Judicial Officers from timetotime. Yours faithfully, Assistant Registrar Gaz.II for Registrar General. Encls.AsAbove. 16/spl. No.Gaz.II(19-G) From: TheRegistrarGeneral, Punjab&HaryanaHighCourt,Chandigarh. To: (1)AlltheDistrict&SessionsJudgesinthestateofPunjab. (2)AlltheDistricts&SessionsJudgesinthestateofHaryana (3)TheDistrict&SessionsJudge,U.T.Chandigarh. Dated:Chandigarh;the9/1/15 Sub: Child Access & Custody Guidelines and Parenting Plan. Sir/Madam, Iamdirectedtoreferyouonthesubjectcitedaboveandto forward herewith a copy of Child Access & Visitation Guidelines formulated by Child Rights Foundation with the request to circulate the same amongst all the Judicial Officers and all quasi-judicial authorities presidedoverbytheJudicialOfficersworkinginyourrespectiveSessions Divisions,forinformation. Yours faithfully, Assistant Registrar Gaz.II for Registrar General. Encls.AsAbove. Endst.No.Gaz.II(19-G)Dated17/Spl. 9/1/15 Acopyisforwardedtothefollowingofficersforinformation 3.ThePrincipalSecretarytoHon'bletheChiefJustice-cum-Registrar, PunjabandHaryanaHighCourt,Chandigarh. 4.PS/PA/Reader/StenototheRegistrarGeneral,PunjabandHaryanaHighCourt, Chandigarh. 5.PS/PA/Reader/StenotoalltheRegistrars,PunjabandHaryanaHighCourt, Chandigarh. 6.PS/PA/StenotoalltheOSDs,PunjabandHaryanaHighCourt,Chandigarh. Registrar General High Court of Himachal Pradesh “Revenswood Shimla-171001 D.O. No.HHC/Rules/Parenting Plan & Child Access 2014/ Dated: 5.4.2014 Dear Shri Sub: Child Access & Custody Guidelines and Parenting Plan. With reference to your letter dated 04.03.2014 received through Email on the above captioned subject, I am to inform you that Hon’ble High Court of Himachal Pradesh has approved the Parenting Plan with Child Access and Custody Guidelines. Accordingly, communication has been sent to all the District and Sessions Judges with a respect to enforce these recommendations in their respective Divisions. With regards, Yours sincerely, (A.C. Dogra) Sh. Jatin Katira, Child Rights Foundation, B-3-13-04, Sector 3, Vashi, Navi Mumbai-400703. Tel: 0761-2622250 No.:RJ-1/ /2014 Date: 20th March, 2014 From: Giribala Singh Registrar (J-I) High Gourt of M.P. Jabalpur. To : Shri Jatin Katira Child Rights Foundation, B-3-13-04, Sector-3, Vashi, Navi Mumbai-400703. Subject : Child Access & Custody Guidelines and Parenting Plan. Sir, With reference to the subject mentioned above, I am directed to state that the Hon’ble the Chief Justice is pleased to direct circulation of the ‘Child Access and Custody Guidelines’ and ‘Parenting Plan’ for guidance amoung all the Additional District Judges, Family Court Judges and Marriage Councellors in the State of Madhya Pradesh With warm regards, Y ours faithfully Registrar (J-I) High Court of M.P. Jabalpur. No.: A(Spl.)/Misc/9 /2012 Tel : 022-22670866 (O) Date : 7th February, 2012 From : R.N. Laddha. Registrar (Inspection-II) High Court, Appellate Side, Bombay-400 032. To : The President, Child Rights Foundation, B-3-13-04, Sector-3, Vashi, Navi Mumbai-400 703. SUBJECT : Parenting Plan. Sir, With reference to the subject mentioned above, I am directed to state that the Hon’ble Guardian, Judges of the Famiy Courts in the State of Maharashtra, have been pleased to approve the Parenting Plan as a base document to be modified as per the facts and circumstances of the case. I convey my gratitude for your kind gesture in preparing the Parenting Plan which may prove beneficial to the Judges of the Family Courts as well as the Marriage Councellors and also bring out an ease between the couples who are undergoing separation. With warm regards, Yours faithfully Registrar (Inspection-II) No.:A(Spl.)/Misc/157/2011 Tel:022-22670866(O) Date:16thDecember,2011 From: R.N.Laddha. Registrar(Inspection-II) HighCourt,AppellateSide, Bombay-400032. To: ShriJatinKatira ChildRightsFoundation, B-3-13-04,Sector-3,Vashi, NaviMumbai-400703. SUBJECT : Child Access and Custody Guidelines. Sir, Withreferencetothesubjectmentionedabove,Iamdirectedto statethattheHonbletheChiefJusticeispleasedtodirectcirculationofthe Child Access and Custody Guidelines among all the Honble Judges of the BombayHighCourt. Withwarmregards, Yoursfaithfully Registrar Registrar(Inspect (Inspectionion-II) II) High Court, Appellate Side, Bombay /home/insp14/Pankaj/WordFiles/let2011.sxw/88 THE HIGH COURT OF KERALA D3-24252/2011 KOCHI - 682 031 DATED - 21/07/2011 OFFICIAL MEMORANDUM SUBJECT : Circulation of guidelines regarding - child access and custody. .... A copy of the guildlines regarding child access and custody proposed by a non-Government Organisation, M/s Child Rights Foundation, Maharashtra, is forwarded to the under mentioned officers for information. Encl: as above (By Order) Assistant Registrar To All District Judges, All Family Court Judges. Tel. No. 22670866 (O) No. A(Spl)/Misc./5/2011 Dated : 6th January 2011 From : N.J. Jamadar, Registrar (Inspection-II), High Court (A.S.), Bombay. To : Shri Jatin Katira, Child Rights Foundation, B-3-13-04, Sector 3, Vashi, Navi Mumbai-400 703. Subject : Child Access & Custody Sir, With reference to aforementioned subject, I am directed to inform you that the Hon'ble Guardian Judges of the Family Courts in the State of Maharashtra, have been pleased to direct the circulation of the Guidelines amongst the Family Court Judges and the Marriage Counsellors in the Family Courts across the State of Maharashtra. I convey my gratitude for your kind gesture in preparing a detail guidelines which may prove beneficial to the Judges of the Family Courts as well as the Marriage Counsellors in determining Child access and custody matters. With regards, Yours faithfully, Registrar (Inspection - II) Foreword The principle of the best interests of the child has been the subject of extensive consideration in Child Access and Custody Matters, How to apply this principle in practice, however, often remains challenging for Family Court and Lower Courts as Limited guidance is available on how to operationalize the best interests principle. These Guidelines are intended as one step to help fill this gap. Among others, interests of the child who will be ensured love and affection of both parents. The true value of the Guidelines will, of course, be tested and established only by the extent to which they are used, and relied upon in actual practice. I urge all those into whose hands they will be placed to make the greatest use of the Guidelines. Your experience in using