LI Network
Published on: December 23, 2023 at 00:45 IST
In a noteworthy directive, the Delhi High Court has instructed the Registrar General to take immediate measures on ensuring at least one Clinical Child Psychologist in every Family Court Complex. This decision Aims to enhance the provision of counseling sessions, specifically for minor children, when required or as mandated by respective cases.
A division bench comprising Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta emphasized the significance of Clinical Child Psychologists’ involvement, highlighting their ability to conduct counseling sessions and evaluations tailored to the needs of minor children.
The Court suggested that the reports generated by the Clinical Child Psychologists during evaluations or counseling could be shared with the relevant Family Court in sealed covers.
This information would assist the court in forming informed opinions regarding custody or visitation rights in contentious custody cases.
The judges acknowledged the pivotal role that counseling sessions or evaluations play, especially when children may resist meeting the non-custodial parent.
The Court asserted that pre-visitation counseling or evaluations by Child Psychologists could contribute significantly to ensuring meaningful visitations, alleviating apprehensions, and addressing doubts in the child’s mind.
The bench acknowledged the current deployment of Counsellors in Family Courts in the national capital to assist parties involved in matrimonial disputes.
However, it noted the potential unavailability of Clinical Child Psychologists in each Family Court Complex, who possess specialized skills for conducting counseling sessions and assessing children.
Recognizing the parties’ apparent limitation due to the absence of assistance from Clinical Child Psychologists, the Court emphasized the crucial role they could play in making visitation rights more meaningful and effective.
The directive stemmed from an appeal filed by a husband challenging a family court’s decision that denied interim custody of the children. The father sought interim custody or visitation rights for the children, emphasizing their welfare.
Acknowledging the importance of the children’s well-being, the Court, as an interim arrangement, granted visitation rights to the husband at the Delhi High Court Mediation and Conciliation Centre on every working Saturday for two hours, in the presence of a Counsellor.
The Counsellor is mandated to conduct individual or joint sessions with both children before the meeting to address any apprehensions and enhance the meaningfulness of the visitation rights.
The Court highlighted the significance of joint parenting, aiming to make the child comfortable with both parents and ensure a holistic and healthy development environment for the minor.