Karnataka HC Directs Interim Adoption of Child Access and Custody Guidelines with Parenting Plan Pending Formal Rule-Making [Read Order]

Karnataka: The Karnataka High Court has directed the interim adoption of comprehensive Child Access and Custody Guidelines along with the Parenting Plan, 2025, which have been approved by the Calcutta High Court. The guidelines shall be followed by all District Judges, Family Courts, and Magistrates in Karnataka exercising jurisdiction in matters relating to child custody and proceedings under the Protection of Women from Domestic Violence Act, 2005, until formal Rules are framed and notified by the Rule-making Committee of the Karnataka High Court.

The Chief Justice and Justice C.M. Poonacha of the Karnataka High Court issued the directions on December 15, 2025, while considering the circulation and implementation of the guidelines formulated by the Calcutta High Court with the participation of multiple stakeholders.

The learned counsel for the parties informed the Court that the Child Access and Custody Guidelines along with the Parenting Plan, 2025, had been formulated with the participation of several stakeholders and were placed before the Calcutta High Court. The guidelines were directed to be circulated pursuant to an order dated September 23, 2025, passed by the Calcutta High Court.

The counsels prayed that the said guidelines be directed to be adopted until they are considered by the Rule Committee and appropriate changes, if necessary, are made. A memo dated December 11, 2025, enclosing the guidelines, was filed in this regard.

The Court noted that the Calcutta High Court, while considering a Public Interest Litigation seeking directions to frame appropriate guidelines for child access and child custody along with a parenting plan, had referred the matter to its Rule Committee. The Rule Committee invited suggestions from learned District Judges, Directors of the Judicial Academy of West Bengal, child psychologists, and other relevant stakeholders, who engaged in detailed deliberations.

A Sub-Committee was also appointed for this purpose, and guidelines for child access, child custody, along with a parenting plan, were framed. Pursuant to this comprehensive consultative process, the Calcutta High Court, by order dated September 23, 2025, accepted the guidelines and directed that they be followed until the Rules are framed and approved.

In view of this development, the Karnataka High Court directed that the said guidelines be placed before its Rule Committee for considering necessary changes. This would ensure that the guidelines are thoroughly reviewed and refined through the formal rule-making process while permitting their immediate application.

In the meantime, the Court directed the Registrar General to circulate the guidelines to all District Judges, Family Courts, and Magistrates in the State exercising jurisdiction under the Protection of Women from Domestic Violence Act, 2005, to ensure uniform application across all relevant forums.

The Court clarified that the guidelines shall remain applicable until Rules are made by the Rule-making Committee and approved in accordance with law. This interim mechanism ensures that there is no vacuum in the application of child-centric principles and procedures while the formal rule-making process is underway.

The matter was listed for further consideration on March 13, 2026, allowing time for the Rule Committee to examine the guidelines and propose any necessary modifications.

Case No. 24360/2023

[Read Order]