KOLKATA: The Calcutta High Court has laid down detailed guidelines for family courts, allowing them to suo motu order psychiatric or psychological evaluations of parents before awarding child custody. The move aims to ensure that custody is granted to the parent who is emotionally and mentally fit to care for the child.
The High Court cautioned judges against being swayed solely by a child’s stated preference, noting that children are often “tutored or brainwashed” against one parent. Instead, courts have been urged to rely on expert assessments and professional guidance rather than personal impressions.
While Section 12 of the Family Courts Act, 1984, allows courts to seek medical expert assistance, the HC observed that this provision is rarely invoked. It emphasized that mere interviews with litigants are insufficient to detect mental health or personality disorders, recommending referrals to qualified psychiatrists or psychologists instead.
The guidelines also call for ‘play therapy’ sessions to evaluate a child’s stress levels, emotional well-being, and any signs of parental influence or manipulation. The court has provided model questions to help judges identify symptoms of ‘parental alienation syndrome’ — a condition in which a child is deliberately turned against one parent.
“In cases of clear evidence of brainwashing or emotional poisoning, custody should be shifted to the other parent,” the guidelines state.
Psychologists have welcomed the move as a major step toward a child-centric approach in family disputes. Counselling psychologist Shovona Mukherji said, “This marks a shift from viewing custody as a parental battle to treating it as a collaborative process focused on the child’s welfare. Play therapy allows professionals to understand a child’s distress, while addressing parental alienation protects long-term emotional bonds.”
