- BY Shraddha Dalvi
- POSTED IN Law
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- STANDARD POST TYPE
When parents separate, the most crucial concern in custody battles should be the welfare and best interests of the child. While courts emphasize this principle, the practical implementation often falls short. Legal proceedings tend to focus primarily on granting visitation rights, access schedules, and maintenance orders while overlooking key aspects of a child’s overall well-being.
Child welfare is not just about financial support or regulated access. It extends far beyond that, encompassing mental and emotional health, physical well-being, academic progress, and participation in extracurricular activities. However, these crucial factors rarely receive the attention they deserve in legal proceedings. Courts lacks to evaluate how the child is coping in school, whether they are struggling emotionally, or if they are receiving adequate medical care. This gap in the system leads to an incomplete evaluation of the child’s real needs.
While courts grant school fees and maintenance, there is no structured framework to track the child’s academic progress through school records and report cards, their physical health through medical checkups, or their mental well-being, including signs of stress, anxiety, or behavioral changes. Prolonged legal battles, separation from a parent, and ongoing parental disputes can severely impact a child’s psychological state. Children often develop symptoms like bed-wetting, withdrawal, aggression, or social anxiety— all signs of distress that courts fail to monitor. Without a structured evaluation, a child’s emotional and psychological struggles remain unnoticed, affecting their overall development. As the saying goes, “What is learned in the cradle lasts till the grave.” Early childhood experiences, including the trauma of custody disputes, leave deep imprints on a child’s emotional and psychological well-being, shaping their future relationships and sense of security. Children often mirror the behaviors and values they observe in their parents. When exposed to prolonged conflict, manipulation, or neglect, they may lead to unhealthy relationship dynamics, which can influence their perceptions of love, trust, and stability in adulthood. A fractured upbringing can lead to emotional struggles, affecting their ability to form and sustain healthy relationships in the future.
In many custody disputes, children may express reluctance to meet the non-custodial parent. While courts consider the child’s wishes, it is critical to analyze whether the child is being influenced by the custodial parent, has witnessed domestic violence or experienced abuse, or has a genuine emotional disconnect with the non-custodial parent. Parental manipulation, fear, or past trauma can shape a child’s perspective. A thorough psychological evaluation is necessary to ensure that the child’s reluctance is not a result of coercion or emotional conditioning. “When elephants fight, it is the grass that suffers.” This proverb perfectly illustrates how children are the silent sufferers in legal battle.
To truly safeguard a child’s best interests, courts must appoint an independent child’s lawyer who can act as their voice in legal proceedings and build a bridge between court and the child. This legal representative will ensure that the child’s concerns are not just assumed but are actively addressed and presented before the court. The child’s lawyer ensures that custody decisions reflect the child’s holistic welfare rather than just access and maintenance arrangements. A child’s lawyer can regularly present reports on the child’s academic, emotional, and physical well-being, offering the court a complete picture of how the child is coping.
Often, the custodial parent becomes the child’s spokesperson, influencing the child’s responses and needs. An independent lawyer prevents manipulation by ensuring that the child’s genuine feelings are represented. The lawyer can work closely with educators, medical professionals, and child psychologists to monitor the child’s academic progress, health, and emotional stability.
In cases involving children with disabilities or special needs, an independent lawyer ensures that custody arrangements align with laws such as the Rights of Persons with Disabilities Act, 2016, the Mental Healthcare Act, 2017, and other relevant welfare laws for children with autism, cerebral palsy, or other challenges.
Courts should also involve experts like child psychologists, psychiatrists, and social workers to assess the child’s emotional well-being. Their expert evaluations can help make informed custody decisions that prioritize the child’s mental health and stability.
Child custody decisions should not be limited to maintenance orders and visitation rights. The true well-being of the child lies in ensuring their emotional, academic, and physical health are actively monitored and legally protected. By appointing independent child’s lawyers and establishing structured monitoring frameworks, courts can move towards a more child-centric approach in custody battles. After all, a child’s future should never be a mere byproduct of legal proceedings—it should be the central focus.
- ADV. SHRADDHA DALVI