In a significant ruling emphasizing the importance of both parents in a child's life, the Calcutta High Court has modified a custody arrangement to allow a father visitation rights with his young son who has autism. The court stated that the company of both parents is essential for the healthy upbringing of a child.
Court's Ruling on Weekend Custody
The case reached a division bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya after the child's mother challenged a trial court's order. The original order had granted the father weekend custody from 5:30 PM on Friday to 5:30 PM on Sunday. The mother, represented by her counsel, argued against this arrangement due to the child's special needs.
Her counsel highlighted that the 6-year-old boy suffers from Autistic Spectrum Disorder (ASD) and has significant challenges, including an inability to chew food independently, requiring his mother to feed him. It was contended that giving weekend custody to the father, who might not be fully equipped to handle the child's specific health and care requirements, could be detrimental to the child's welfare and lead to precarious situations.
Balancing Parental Rights and Child's Welfare
The High Court bench acknowledged the child's special needs but also underscored the father's role. "We are of the opinion that for the healthy upbringing of a child, the company of both the parents is necessary," the court stated. However, it found the trial court's weekend custody order excessive under the circumstances.
Instead, the bench modified the order to a more measured visitation schedule. It directed that the father can visit his son for two hours every Saturday, from 4:00 PM to 6:00 PM. Crucially, the court mandated that these visits must occur at a common place that is congenial to the mental health of the young child.
Eco Park Chosen as the Venue
The bench specifically designated Eco Park in New Town, Kolkata, as the venue for these weekly visitations. The court noted that the spacious urban park, with its large green spaces, theme gardens, play areas, and recreational facilities like boating, is fit for a child and situated near the residences of both parents.
The detailed arrangement requires the mother to hand over the child to the father at the Eco Park gate at the start of the visit and receive him back at the same spot. The judges gave a strict instruction that the mother must not be present during the two-hour visitation period. This new arrangement is set to commence from January 10.
The court also provided for contingencies, stating that if the park is closed on any Saturday, the parents should decide on an alternative date through prior consultation, preferably the following Sunday, at the same time. This ruling attempts to carefully balance the child's critical care needs with the fundamental right of a parent to be involved in their child's life, setting a precedent for cases involving children with special needs.
