While granting relief to a mother in a child custody issue, the Kerala High Court has held that the comprehensive child access and custody guidelines along with the parenting plan as formulated with the participation of several stakeholders and approved by the Calcutta High Court in two rulings may for the time being be followed by the Family Courts in Kerala till the committee constituted to consider the said plan has finally placed its recommendations.

The High Court was considering a Habeas Corpus petition filed by the mother, the natural guardian of the minor child, on the ground that despite a decree passed by the Family Court granting permanent custody to her, the father of the child illegally removed the child from her custody while the child was in school and without informing her.

The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. held, “We, however, make it clear that the observations made in this order shall not influence the execution proceedings pending before the Family Court. We further make it clear that keeping in view the welfare of the child, the Family Court may pass appropriate direction taking into consideration the Guidelines (for child access, child custody along with parental plan) as formulated with the participation of several stakeholders and approved by the Calcutta High Court on 23rd September, 2025 in W.P.A (P) 257 of 2021 (Ayushman Initiative for Child Rights) and W.P.A.(P) 166 of 2022 (Antara). This comprehensive child access and custody guidelines along with the parenting plan may for the time being be followed by the Family Courts in Kerala till the committee constituted to consider the said plan has finally placed its recommendations”

Advocate Navaneeth N. Nath represented the Petitioner, while Advocate Reginald Valsalan represented the Respondent.

Reasoning

The Bench noted that the minor, in his interaction, expressed his desire to be with the mother, although he initially stated that he would like to go with the father. As per the Bench, this did not appear to have been a statement made in free will. “Moreover, there can be no doubt that the father had taken custody of the child in violation of the decree passed by the Family Court”, it added.

The Bench was of the view that the father acted in breach of the assurance given to the Family Court by failing to return the child to the mother. “It is unfortunate that the child is being treated like a pawn in the hands of the parents. The parents are not expected to behave irresponsibly”, it stated.

The Bench concluded the matter by ordering the child to be returned to the mother, who would continue to be the guardian of the child unless and until the order of the Family Court is modified.

Cause Title: A v. The Director General of Police (Neutral Citation: 2026:KER:37511)

Appearance

Petitioner: Advocates Navaneeth. N. Nath, Abhirami S., Abdul Latheef P.M., Krupa Saji, Arun Gopi G. L.

Respondent: Advocates Reginald Valsalan, Ann Maria Francis

Click here to read/download Order


Kerala High CourtChief Justice Soumen SenJustice Syam Kumar V.M.

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.