Kerala High Court Prohibits Use of Police Stations for Child Custody Transfers in Family Disputes
The Kerala High Court, in [XXX v YYY], directed family courts to avoid using police stations for child custody exchanges, deeming such environments more distressing for children than court premises. The Bench, comprising Justices Devan Ramachandran and MB Snehalatha, emphasized that subjecting children to such settings is inappropriate and requires no further justification.
5/23/20251 min read
In this case, the appellant (mother) challenged an interim custody order issued by the Family Court in Thrissur, which granted the father temporary custody of their child from May 2 to May 26, 2025. The order also directed that the child exchange occur at a police station.
The High Court expressed strong disapproval of the Family Court's directive to use a police station for the child's custody exchange. The Bench emphasized that such environments are more traumatic for children than court premises and should be avoided.
The Court reiterated its earlier stance that children involved in custody disputes should not be brought to court premises unless absolutely necessary and that exchanges should occur at neutral locations agreed upon by both parties.
Regarding the mother's concern about the child's safety with the father, the Court noted that the child had been with the father since May 5 without any reported issues.
The High Court dismissed the mother's appeal, allowing the interim custody arrangement to continue as ordered by the Family Court.
However, the Court issued a directive to all Family Courts in Kerala to refrain from involving police stations in child custody arrangements, whether interim or permanent.
The Registrar General of the High Court was instructed to communicate this directive to all Family Court judges to prevent similar practices in the future.
The Kerala High Court's judgment underscores the importance of safeguarding children's psychological well-being during custody exchanges. By prohibiting the use of police stations for such exchanges, the Court aims to minimize the trauma experienced by children amidst parental disputes.