Guidelines issued by Childs Right Foundation regarding Child Access and Visitation Rights and approved by Himachal Pradesh High Court

Interim Child Visitation Guidelines

Immediately within one week from the date of service of summons or the first meeting with the counsellor for mediation and conciliation, parties shall draw up an interim visitation plan.
Efforts should be made by parties and if necessary, the court should direct parties to mutually agree upon a visitation schedule to be drawn up along with the Marriage Counselor within a maximum period of 60 days. Pending, finalization of the mutual final overnight visitation agreement, interim access has to be worked out immediately.

If the parties cannot agree on visitation, their first alternative is to mediate the conflict.

Visitation (Children Aged Between 0 TO 36 Months)

Weekend: The Non-custodial parent shall be entitled to weekend visitation every weekend. For children between 0 to 36 months visitation shall be between 11 A.M. to 2.00 P.M. or 4.30 P.M. to 7.30 P.M. on Saturday and Sunday during the weekend and Twice during the Weekend between Monday to Friday for 90 minutes.
Weekday Visitation: The Noncustodial parent shall be entitled to visitation two evenings per week during the weekday between Monday to Friday for 90 Minutes. These shall be the same two evenings every week and varied only if the weekday visitation schedule conflicts with the holiday or vacation schedule. If the parties cannot agree, weekday visitation shall be on Monday and Wednesday.
Holidays: The noncustodial parent shall be entitled to spend at least three hours on the holiday or festive day including 15^th August, 25th January, 26th January, 15th April, 2nd October, 14^th November (Children’s day) excluding the time of travel. In odd-numbered years, the Noncustodial parent shall be entitled to spend with the minor child; in even-numbered years, the schedule shall be reversed. A party’s entitlement to Holiday visitation overrides the other party’s right to regularly scheduled weeknight or weekend visitation. If either or both parties celebrate other holidays, such holidays should be written down, divided and alternated each year.

Note: For children aged between 0 to 36 months it shall be open for the custodial parent to remain present during visitation. Visitation shall be from 11.00 a.m. until 2:00 p.m. or 4.00 p.m.to 7.00 p.m. on the official holiday.

Visitation (Children 36 months And Above)

Weekends: The Noncustodial parent shall be entitled to weekend visitation every other weekend or every weekend one night every week. Every other weekend Visitation shall begin Friday at 4:00 p.m. and end at 4:00 p.m. on Sunday. If every weekend visitation is opted then every week overnight visitation shall begin either every Friday at 4.00 p.m. and end on Saturday at 4.00 p.m. or from every Saturday at 4.00 p.m. and end at 4.00 p.m. on Sunday. It is not the responsibility of the custodial parent to provide food or shelter for the child during the Noncustodial parent’s visitation.
Weekday Visitation: If the parties reside within 30 kilometres driving distance of each other, the Noncustodial parent shall have visitation two evenings per week for 2 two hours between 2.00 p.m. to 8.00 p.m., but shall exercise the weekday visitation in the locale of the child’s primary residence or within the radius of 10 kilometres. The preceding sentence shall not preclude occasional travel beyond 30 Kilometers for special weekday events. The weekday visitation shall be on the same evening each week and varied only if it conflicts with the holiday or vacation schedule. If the parties cannot agree on the weeknight and if there are no scheduled activities for Wednesday, it shall be Wednesday evening for 2 hours. If there are activities scheduled for Wednesday, the Noncustodial parent shall have the first choice of an alternate weekday for weekday visitation.
Holidays: The noncustodial parent shall be entitled to spend at least 3 hours on holidays and festival day excluding the time of travel. Only where it is not possible to share during the holidays and festival day due to reasons of distance or otherwise. A party’s entitlement to Holiday visitation overrides the other party’s right to regularly scheduled weeknight or weekend visitation. If either or both parties celebrate other holidays, such holidays should be written down, divided and alternated. In the absence of an agreement, the court shall allocate religious holidays between the parties. Visitation shall be from 11:00 a.m. until 2:00 p.m. Or from 4.00 pm to 7.00 pm on the official holiday.
Children Complex Room: Where access even though either agreed by mutual consent or ordered by the court is not being granted to the noncustodial parent. Children’s complex room situated in the premises of the Courts or such other place as either mutually agreed or directed by the court such as premises made available and approved by the Hon’ble Court shall be used for purposes of counselling the child or the parent for a specific period and thereafter access can continue as per the schedule set forth.

Additional Visitation

The Noncustodial parent shall be entitled to exercise other reasonable visitation in the locale of the child’s primary residence or at other places like club, place of worship, shop, ground, mall, upon reasonable notice subject to a minimum of 12 hours’ notice to the custodial parent whenever. There may be a need where the noncustodial parent may wish and desire that the child should be present on certain occasions such as poojas, religious functions, birthdays, anniversary celebration, inaugurations, marriage, or emergencies such as untimely death or hospitalization of a close relative such as grandparent/relations etc. In such circumstances, the custodial parent shall allow access to the child immediately.

Cancellation by Non-custodial Parent

Local (parties residing within 25 driving Kilometers of each other)

12 hours’ notice shall be given by the parent entitled to visitation for a holiday if visitation will not be exercised.
A minimum of 15 days notice shall be given by the parent entitled to visitation for a holiday if visitation will not be exercised.
A minimum of 3 days notice shall be given in writing by the parent entitled to visitation for a period of one week or greater if visitation will not be exercised.
The parent seeking cancellation shall arrange and pay for babysitting, child care or other appropriate visitation of the child for the visitation period: to the extent, such expense is due to the cancellation.

Note: Any Visitation Cancelled by the Non- Custodial Parent Shall be Forfeited, unless the parties agree to substitute visitation. The required cancellation notice is given; the custodial parent shall not unreasonably withhold substitute visitation.

Non-local (Parties not residing within 25 driving kilometres of each other)

A minimum of 3 days notice shall be given by the parent entitled to visitation for a holiday or special occasion if visitation will not be exercised. A minimum of 15 days notice shall be given in writing by the parent entitled to visitation for Diwali, Christmas, Summer vacations/winter vacations or an annual visitation period of 1 week or greater if visitation will not be exercised. If the cancellation is NOT agreed to by both parents, the parent seeking cancellation must arrange and pay for childcare or other appropriate supervision of the child for the visitation period, to the extent such expense is due to the cancellation.

Medication, Illness or Accident– If medication or therapy has been prescribed for the child, then both parents shall without fail provide the child with all medical prescription dosages, treatment and/or therapy as may be prescribed for the child. The parents shall share the health care professional’s name and phone number as well as for instructions for treatment. If the child becomes ill or is involved in an accident, and treatment by a medical professional is obtained, the parent who has the child at the time of the illness or accident shall notify the other parent as soon as practicable but no later than 3 hours after the incident or diagnosis.

Note: Illness of the Child shall not prevent visitation with the child unless the child is hospitalized non-custodial parent can visit the child in hospital.

Child Support / Maintenance: Nonpayment or late payment of child support is NOT an acceptable reason to deny or interfere with visitation. Conversely, denial of visitation is NOT justification for nonpayment or late payment of child support. Child support and child visitation are separate and independent issues and are not to be manipulated by either parent to gain leverage over the other parent about visitation or child support. Child support shall NOT stop during visitation periods unless provided by court order.

AMENDMENTS: Parties can vary: alter the interim access schedule as per convenience within a period of one week from the date of presentation of the petition before the Hon’ble court or within one week from the date of their meeting with the counsellor for mediation whichever is earlier. In the event parties fail to arrive at a decision and conclude on the interim visitation schedule then the counsellor shall draw up an interim visitation schedule and place the same before the Hon’ble court to be made final by an order of the court.

USA: Indiana Parenting Time

Under the Indiana child visitation guidelines, each parent is entitled to regular time with his or her child. “Parenting time,” also known as visitation in other states, is the time that parents without physical custody spend with their children. In Indiana, a parent who doesn’t have physical custody of a child is still entitled to reasonable parenting time with the child, unless the court holds a hearing and decides that parenting time would endanger the child’s physical health or “significantly impair” (cause major harm) to his or her emotional development. For more information about parenting time and visitation, The Indiana Judicial Branch has published The Indiana Parenting Time Guidelines.

Even in situations where a parent has substance abuse or anger management problems, a court will try to facilitate visitation. In these cases, a judge may follow the supervised visitation guidelines in Indiana. When it’s clear that traditional parenting time would endanger the child’s physical health or significantly impair emotional development, a judge may order “supervised parenting time” until the situation improves, which means that all visitation must be supervised by a third party.

The court may order a social service agency, juvenile court staff, or a private agency to be present during parenting time to ensure that it’s safe and healthy. It’s also common for the parties to agree to have parenting time supervised by a trusted individual, like a grandparent. The court can also order parenting time to occur at a secure, neutral location.

Unless it can be demonstrated by the custodial parent that the non-custodial parent has not had regular care responsibilities for the child, parenting time shall include overnights. If the non-custodial parent has not previously exercised regular care responsibilities for the child, then parenting time shall not include overnights before the child’s third birthday.

When a family has children of different ages, the presumption is that all the children should remain together during the exercise of parenting time.

However, the standards set for a young child should not be ignored, and there will be situations where not all of the children participate in parenting time together. On the other hand, when there are younger and older children, it will generally be appropriate to accelerate, to some extent, the time when the younger children move into overnight or weekend parenting time, to keep sibling relationships intact.

For parents with non-traditional work schedules, who may regularly work weekends, weekday parenting time should be substituted for the weekend time designated in these rules. Similar consideration should also be given to parents with other kinds of non-traditional work hours.

Indiana Parenting Time Guidelines

Parenting Time in Early Infancy (Birth through Age 9 Months)

Birth through Age 4 Months

3 non-consecutive “days” per week of 2 hours in length.
All scheduled holidays of 2 hours in length.
Overnight if the noncustodial parent has exercised regular care responsibilities for the child but not to exceed one 24-hour period per week.

Age 5 Months through Age 9 Months

3 non-consecutive “days” per week of 3 hours per day. The child is to be returned at least 1 hour before evening bedtime.
All scheduled holidays of 3 hours in length. The child is to be returned at least 1 hour before evening bedtime.
Overnight if the noncustodial parent has exercised regular care responsibilities for the child but not to exceed one 24-hour period per week.
Parenting Time in Later Infancy (Age 10 Months through Age 36 Months)

Age 10 Months through Age 12 Months

3 non-consecutive “days” per week, with one day on a “non-work” day for 8 hours. The other days shall be for 3 hours each day. The child is to be returned at least 1 hour before evening bedtime.
All scheduled holidays for 8 hours. The child is to be returned at least 1 hour before evening bedtime.
Overnight if the noncustodial parent has exercised regular care responsibilities for the child but not to exceed one 24-hour period per week.

Age 13 Months through Age 18 Months

3 non-consecutive “days” per week, with one day on a “non-work” day for 10 hours. The other days shall be for 3 hours each day. The child is to be returned at least 1 hour before evening bedtime.
All scheduled holidays for 8 hours. The child is to be returned at least 1 hour before evening bedtime.
Overnight if the noncustodial parent has exercised regular care responsibilities for the child but not to exceed one 24-hour period per week.

Age 19 Months through 36 Months

Alternate weekends on Saturdays for 10 hours and on Sundays for 10 hours. The child is to be returned at least 1 hour before bedtime unless overnight is appropriate.
1 “day” preferably in mid-week for 3 hours, the child to be returned at least 1 hour before evening bedtime unless overnight during the week is appropriate.
All scheduled holidays for 10 hours. The child is to be returned one hour before bedtime.
If the non-custodial parent who did not initially have regular care responsibilities has exercised the scheduled parenting time under these guidelines for at least 9 continuous months.

Parenting Time – Child 3 Years of Age and Older

Regular Parenting Time

On alternating weekends from Friday at 6:00 P.M. until Sunday at 6:00 P.M. (the times may change to fit the parents’ schedules)
1 evening per week, preferably in mid-week, for a period of up to four hours but the child shall be returned no later than 9:00 p.m.
On all scheduled holidays.

Extended Parenting Time (Child 3 through 4 Years Old)

The non-custodial parent shall have up to 4 non-consecutive weeks during the year beginning at 4:00 P.M. on Sunday until 4:00 P.M. on the following Sunday. The non-custodial parent shall give at least 60 days advance notice of the use of a particular week.

Extended Parenting Time (Child 5 and older)

One-half of the Summer Vacation. The summer vacation begins the day after school lets out for the summer, and ends the day before school resumes for the new school year. The time may be either consecutive or split into 2 segments. The noncustodial parent shall give notice to the custodial parent of the selection by April 1 of each year. If such notice is not given, the custodial parent shall make the selection and notify the other parent. All notices shall be given in writing and verbally. A timely selection may not be rejected by the other parent. Notice of an employer’s restrictions on the vacation time of either parent shall be delivered to the other parent as soon as that information is available. In scheduling parenting time, the employer-imposed restrictions on either parent’s time shall be considered by the parents in arranging their time with their child.

If a child attends a school that has a year-round or balanced calendar, the noncustodial parent’s extended parenting time shall be one-half of the time for fall and spring school breaks. Unless otherwise agreed to by the parents or ordered by the trial court, the noncustodial parent shall exercise parenting time the first half of school break in odd years, and the second half of school break in even years. Absent an agreement of the parties, the first half of the break will begin two hours after the child is released from the school, and the second half of the period will end at 6:00 p.m. on the day before school begins again. Summer Vacation should be shared equally between parents. Winter break/Christmas vacation should be shared as provided in the Holiday Parenting Time Schedule.
If a child attends summer school, the parent exercising parenting time shall be responsible for the child’s transportation to and school attendance.
During any extended summer period of more than 2 consecutive weeks with the non-custodial parent, the custodial parent shall have the benefit of the regular parenting time schedule set forth above, which includes alternating weekends and mid-week parenting time, unless impracticable because of distance created by out-of-town vacations.
Similarly, during the summer period when the children are with the custodial parent for more than 2 consecutive weeks, the non-custodial parent’s regular parenting time continues, which includes alternating weekends and mid-week parenting time, unless impracticable because of distance created by out-of-town vacations.
The selection of a parent’s summer parenting time shall not deprive the other parent of the Holiday Parenting Time Schedule.

Parenting Time for The Adolescent and Teenager

Regular Parenting Time

Regular parenting time by the noncustodial parent on alternating weekends, during holidays, and for an extended time during the summer months as outlined in the Parenting Time Guidelines (Section II. D.) shall apply to the adolescent and teenager.

Special Considerations

In exercising parenting time with a teenager, the non-custodial parent shall make reasonable efforts to accommodate a teenager’s participation in his or her regular academic, extracurricular and social activities.

Holiday Parenting Time Schedule

Conflicts Between Regular and Holiday Weekends

The Holiday Parenting Time Schedule shall take precedence over regularly scheduled and extended parenting time. Extended parenting time takes precedence over regular parenting time unless otherwise indicated in these Guidelines.
Alternating weekends shall be maintained throughout the year as follows. If a parent misses a regular weekend because it is the other parent’s holiday, it will be lost. If a parent receives two consecutive weekends because of a holiday, that parent shall have the third weekend also. Regular alternating weekends shall continue throughout the year.

Holiday Schedule

Special Days

Mother’s Day – With the child’s mother from Friday at 6:00 P.M. until Sunday at 6:00 P.M.
Father’s Day – With the child’s father from Friday at 6:00 P.M. until Sunday at 6:00 P.M.
Child’s Birthday – In even-numbered years the non-custodial parent shall have all of the children on each child’s birthday from 9:00 A.M. until 9:00 P.M. However, if the birthday falls on a school day, then from 5:00 P.M. until 8:00 P.M.
In odd-numbered years the non-custodial parent shall have all of the children on each child’s birthday on the day before the child’s birthday from 9:00 A.M. until 9:00 P.M., however, if such day falls on a school day, then from 5:00 P.M. until 8:00 P.M.
Parent’s Birthday – From 9:00 A.M. until 9:00 P.M. with that parent, however, if the parent’s birthday falls on a school day, then from 5:00 P.M. until 8:00 P.M.
When the child’s birthday falls within a Special Day, Holiday, or Christmas vacation, the child’s birthday shall be celebrated with the parent having the child during that time period.
When the parent’s birthday falls within a Special Day, Holiday or Christmas vacation, the Special Day, Holiday or Christmas vacation takes precedence.

Christmas Vacation

The Christmas vacation shall be defined as beginning on the last day of school and ending the last day before school begins again. Absent agreement of the parties, the first half of the period will begin two hours after the child is released from school. The second half of the period will end at 6:00 p.m. on the day before school begins again.
In even-numbered years, the custodial parent shall have the first ½ of the Christmas vacation and the non-custodial parent shall have the second ½ of the Christmas vacation.
In odd-numbered years, the non-custodial parent shall have the first ½ of the Christmas vacation and the custodial parent shall have the second ½ of the Christmas vacation.
In those years when Christmas does not fall in a parent’s week, that parent shall have the child from Noon to 9:00 P.M. on Christmas Day.
No exchanges under this portion of the rule shall occur after 9:00 p.m. and before 8:00 a.m., absent agreement of the parties.
New Year’s Eve and New Year’s Day shall not be considered separate holidays under the Parenting Time Guidelines.

Holidays

The following holidays shall be exercised by the noncustodial parent in even-numbered years and the custodial parent in odd-numbered years: –
Martin Luther King Day – If observed by the child’s school, from Friday at 6:00 P.M. until Monday at 7:00 P.M.
If observed by the child’s school, presidents’ Day from Friday at 6:00 P.M. until Monday at 7:00 P.M.
Memorial Day – From Friday at 6:00 P.M. until Monday at 7:00 P.M.
Labor Day – From Friday at 6:00 P.M. until Monday at 7:00 P.M.
Thanksgiving – From 6:00 P.M. on Wednesday until 7:00 P.M. on Sunday.
The following holidays shall be exercised by the noncustodial parent in odd-numbered years and the custodial parent in even-numbered years: –
Spring Break – From two hours after the child is released from school on the child’s last day of school before Spring Break, and ending at 7:00 p.m. on the last day before school begins again.
Easter – From Friday at 6:00 P.M. until Sunday at 7:00 P.M.
Fourth of July – From 6:00 P.M. on July 3rd until 10:00 A.M. on July 5th.
Fall Break – From two hours after the child is released from school on the child’s last day of school before Fall Break and ending 7:00 p.m. of the last day before school begins again.
Halloween – On Halloween evening from 6:00 P.M. until 9:00 P.M. or at such time as coincides with the scheduled time for trick or treating in the community where the non-custodial parent resides.

Religious Holidays

Religious based holidays shall be considered by the parties and added to the foregoing holiday schedule when appropriate. The addition of such holidays shall not affect the Christmas vacation parenting time; however, they may affect the Christmas day and Easter parenting time.

Transportation Responsibilities – Unless otherwise agreed between the parents, the parent receiving the child shall provide transportation for the child at the start of the scheduled parenting time and the other parent shall provide transportation for the child at the end of the scheduled parenting time.

Health Information – Under Indiana law, both parents are entitled to direct access to their child’s medical records, Indiana Code § 16-39-1-7; and mental health records, Indiana Code § 16-39-2-9.

If a child is undergoing evaluation or treatment, the custodial parent shall communicate that fact to the noncustodial parent.
Each parent shall immediately notify the other of any medical emergencies or illness of the child that requires medical attention.
If a child is taking prescription medication or under a health care directive, the custodial parent shall provide the noncustodial parent with a sufficient amount of medication and instructions whenever the noncustodial parent is exercising parenting time. Medical instructions from a health care provider shall be followed.
If required by the health care provider, the custodial parent shall give written authorization to the child’s health care providers, permitting an ongoing release of all information regarding the child to the non-custodial parent including the right of the provider to discuss the child’s situation with the non-custodial parent.

Insurance – A parent who has insurance coverage on the child shall supply the other parent with current insurance cards, an explanation of benefits, and a list of insurer-approved or HMO-qualified health care providers in the area where each parent lives. If the insurance company requires specific forms, the insured parent shall provide those forms to the other parent.

Punctuality – Each parent shall have the child ready for exchange at the beginning and at the end of the scheduled parenting time and shall be on time in picking up and returning the child. The parents shall communicate as early as possible regarding any situation that would interfere with the timely exchange of the child. Both parents have a duty to communicate any time the exchange is delayed. When no communication is initiated by the delaying parent, and pick up or return of a child does not occur within a reasonable time, the time and conditions of the exchange may be rescheduled at a time and place convenient to the parent not responsible for the delay.

Child Custody, Care and Control & Access: Singapore Guide

Child custody grants the custodial parent(s) authority in making major decisions regarding their child. Some of these decisions include matters concerning education, religion and healthcare of the child.

Care and control are only given to one parent, who will be involved in the child’s day-to-day matters. The other parent not given care and control will be granted access to the child for certain periods.

Types of child custody orders

Sole custody order – This allows one parent to have the right to make major decisions for the child. This order is usually made when it is clear that the relationship between the parents would have a detrimental effect on the child, and that it would be in the child’s interest for one parent to have sole custody of the child.
Joint custody order – Under this order, both parents are the decision-makers for major decisions concerning the child. Hence both parents should communicate with one another and reach a consensus when making key decisions. This gives them an equal say in the upbringing of the child.
Hybrid order – Under this order, one parent will be granted custody over the child. However, the custodial parent must consult the non-custodial parent on matters about the welfare of the child.
Split custody order – Under this order, custody of one or more siblings is granted to one parent, while custody of the other siblings is granted to the other parent. This type of order is uncommon as the court would usually allow siblings to stay together to provide emotional support for each other.

When a custody or care and control order is in force, no person, except the parent with custody/care and control, can take the child who is the subject of the order out of the country. The exceptions to this are when the non-custodial parent has the consent of the custodial parent, or the leave of the court, to do so.

Care and Control

An order of care and control determines which parent the child should live with. The parent given care and control of the child will be the primary caregiver who is in charge of handling the child’s daily necessities and is responsible for their day-to-day life, such as the child’s meals, bedtimes and transport arrangements. Such an order is nearly always necessary when parents separate.

The other parent (who will not have the child living with him/her) will be granted an order to have reasonable access to the child. Convincing evidence is required for a court to deny a parent reasonable access to the child.

It is possible to attach a “penal notice” to an order of care and control. A penal notice attached to an order of care and control can list specific terms and responsibilities that the parent living with the child has to abide by, such as allowing the other parent access to the child at a specific time and manner. Unreasonably failing to comply with these terms will immediately allow the parent who has breached the term to be committed where the court finds it appropriate.

Child Maintenance

The court normally orders the parent without care and control to pay the children’s maintenance to the parent with care and control. The maintenance awarded would again have to be reasonable and take into consideration the earning capacities of both parents.

Access

Access is granted to the parent who is not given care and control of the child, typically the fathers. The starting point of access orders is the presumption that the child should have access to the non-custodial parent as such access is beneficial for the child.

Hence the contention often lies in the quantum of access to be given. This is especially since the Women’s Charter does not stipulate the amount of access time a parent should be given with his/her child. Instead, it merely states that the parent without care and control of the child should be granted access times that would be considered fair and reasonable. Hence it is left to the court’s discretion to decide what is “fair” and “reasonable”.

Quantum of Access

Parents are encouraged to try and work out amongst themselves the days, time and place of such visitation times. If a mutually agreeable arrangement is reached, this would expedite divorce proceedings and minimize the emotional damage to the parents and their children.

A non-exhaustive list of factors that the court will take into consideration when determining the quantum of access are:

The child’s needs.
The child’s wishes.
The non-custodial parent’s previous contact with the child.
The history of the relationship between the non-custodial parent and the child.

Ultimately, the court will look to the welfare and best interests of the child in determining the amount of access time to be given. Examples of access periods include weekday access, weekend access, school holiday access and public holiday access.

After access orders are handed down, some parents face the issue of being denied access to the child. However, the current state of the law in Singapore does not adequately address such an issue. If you face this difficulty, you may want to approach one of our divorce lawyers for help.

Access order

Access or visitation rights are usually given to the parent who does not have care and control of the child, who is usually the father. Such orders can be governed by a court order or agreed upon between parents.

Types of access orders can be:

Access without conditions imposed, i.e., without time restraints or without specifying any restrictions.
Access with reasonable conditions, e.g., supervised access.

Common access periods can be during weekdays, weekends, public and school holidays, as well as access on special occasions such as the child’s birthday, Father’s and Mother’s Day.

To help the Court decide on the extent, scope, and limits of the Access, the Court can request the authorities to prepare a confidential Access Evaluation Report, such as when the parents disagree with each other on how to manage the Access.

An Access Evaluation Report can help the Court solve disagreements regarding the duration of the Access and whether or not it should be supervised.

The Court will always encourage parents to discuss and agree on a feasible and fair arrangement in terms of the period, location and rules regarding the Access because a mutually agreed arrangement makes the Divorce process smoother and less stressful for both parents and their children.

Custody and visiting rights in Europe

In all EU countries, a mother automatically has parental responsibility for her child, as does a married father. In most cases, parents exercise this responsibility jointly. The rules on whether an unmarried father has these rights and duties differ depending on the country.

The rules on custody and visiting rights are unique to each EU country. National laws determine:

who will have custody?
whether custody will be single or shared.
who will decide on the child’s education?
who will administer the child’s property, and similar issues?

However, all EU countries recognize that children have the right to a personal relationship and direct contact with both parents, even if the parents live in different countries.

In cases of divorce or separation, it is important to determine whether the children will live with one parent exclusively or with both alternately. You and your former partner may seek a mutual agreement on this.

As long as the parents live together, they usually hold custody of their children jointly. However, if the parents get divorced or split up, they need to decide how this responsibility will be exercised in the future. The parents may decide that the child shall live alternately with both parents, or with one parent. In the latter case, the other parent usually has a right to visit the child at certain times.

Custody rights also cover other rights and duties linked to the education and care of the child, including the right to look after the child and his/her assets. The parents usually have the parental responsibility for a child, but parental responsibility may also be given to an institution to which the child is entrusted.

If the parents are unable to reach an agreement they may have to go to court. The court may decide that both parents shall have custody over the child (joint custody) or that one of the parents shall have custody (single custody). In the case that only one parent has custody, the court may decide on visiting rights for the other parent.

In the case of an international couple, EU rules determine which court has the responsibility to deal with the case.

The main aim is to avoid both parents addressing the court in their own country and two decisions being issued for the same case. The principle is that the responsible court is the court in the country where the child habitually resides.

The rules settling cross-border matters between children and their parents are part of the Brussels IIa Regulation. These rules apply equally to all children, whether they are born in wedlock or not. The Brussels IIa Regulation is the cornerstone of EU judicial cooperation in matrimonial matters and matters of parental responsibility. The Regulation has applied since 1 March 2005 in all EU countries except Denmark.

Image Curtsey: Divorced Moms.com; Visit USA.com

 
ABOUT THE AUTHOR

GARIMA MEHTA
Intern, Indian Law Watch
III Year, Bachelor of Arts and Bachelor of Law [BA LL.B.], Ideal Institute of Management and Technology and School of Law (GGSIPU), Delhi,

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