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c) ensuring that the parents fulfill their duties, and meet their
responsibilities concerning the care, welfare and
development of the child;
These objectives thus underline the proposition that the child must
get best of both worlds and not just the benefit from any one parent.
In fact, the Law Commission has proposed one new definition of
Joint custody in the Guardians and Wards Act which the
Commission has defined as under:
19C. Definitions.
For the purpose of this Chapter:--
(a) "Joint custody" is where both the parents:--
9 A-932/2015
ii. equally share the joint responsibility for the care and
control of the child and joint authority to take decisions concerning
the child; and
No doubt, this court has placed heavy reliance upon the oven fresh
report of Law Commission dated 25 th May 2015 in this order which is
passed on 27th May 2015, but there are reasons to place heavy
reliance. The time has come to give up the archaic mind set which
we adopted since British era to think that only one parent is better
than other parent to take care of the child. The Guardians and Wards
Act was passed in 1890, almost 125 years back. The Hindu Minority
and Guardianship Act was passed by our Parliament almost 60-70
years back. The society is evolving at the fast space. The new India
is adopting new ethos and new concepts. In 1890 when the
Guardians and Wards Act was passed, may be Indian woman may
not be a working woman but now the woman like petitioner who is
working as a nurse and earning her own livelihood and protecting
her self-respect even when there are alleged incompatibility between
the petitioner and the respondent. The standard set in 1890 by the
British era cannot be made applicable directly to the litigants of this
21st century, who lives in metro city like Mumbai. Therefore, a time
has come to change our mind set of finding out who is better parent
than to adopt a new thinking as to find out how these two parents
can behave in a better way; so that the child can have best from both
of them and by this view, the parties were directed to prepare a
parenting plan. I am happy that both the parties with guidance of
their learned counsels have endeavored to prepare parenting plan
and submitted in the court. So by their act of submitting their
parenting plan, they have indirectly consented for shared parenting
or joint custody. No doubt, the petitioner wants exclusive custody of
the daughter with visitation rights to the respondent, whereas the
12 A-932/2015
proposed that his gross income is Rs.1 lakh and the child's support
column is kept blank. I assume that that the respondent did not want
any contribution from the petitioner for maintenance of the daughter.
This is not fair for the child. Both are working and earning; so both
should contribute for upbringing of the daughter. The petitioner has
suggested that there should be new account in the name of the
daughter, where money can be deposited. I think this arrangement
will work. Therefore, the petitioner and the respondent shall open a
joint bank account where the amount can be deposited and utilized
for the necessities of the daughter. So, I direct both the parties to
open a new joint bank account in their name for the benefit of the
daughter. Considering the difference in income of the petitioner and
the respondent, I think that the respondent shall shoulder lion share
for expenses, whereas the petitioner shall also contribute. Therefore,
I direct that respondent shall deposit Rs.10,000/-every month in the
newly opened joint bank account from June 2015 onwards and the
petitioner shall also deposit Rs.5000/-every month in the newly
opened joint bank account. All the expenses of the daughter like
education, medical, medical insurance, extra curricular activities,
recreational activities be borne from this joint account. The parties
shall apply before the court before withdrawing the amount from this
account. For non compliance of access, the petitioner has proposed
cost of Rs.5000/- if there is any loss of access. The respondent has
not suggested any such amount towards cost. I think a token amount
of Rs.1000/- would remind the parties not to flout the order of the
court. So, I direct that the parenting plan should include
compensatory cost of Rs.1000/- for each day of loss of access.
15 A-932/2015
Sd/-
( P. L. Palsingankar )
Judge,
Dated: 27th May 2015 Family Court No.3 Mumbai
A serious need is therefore felt for the introduction of a Parenting Plan which
will help reduce the burden of courts and counselors to a great extent and
will also help in speedy disposal of court cases. Parenting Plan shall also
bring out an ease between the couples who are undergoing separation.
During the initial stage itself a copy of parenting plan can be provided to the
couples by the court counselors making them aware and help the parents
mutually draw a suitable parenting plan agreeable and acceptable to both
the parents and which would cover aspects related to the child custody and
access in the best interest and welfare of the child.
When children know that their parents have talked about what's best for
them, and know that a plan is written down, they are likely to feel cared for
and safer. Children can predict the shape of their lives and know that parents
will keep the adult issues between adults (the allegations and arguments
between the couple entering the parenting plan would be at minimum),
Children will be able to manage the stresses and fears of the separation
much better and they may not be required to visit court for access or for
hearing that often.
The courts can direct the couple to draw a parenting plan (just like consent
terns) within a period of sixty (60) days and also pass appropriate orders
based on the parenting plan.
If the standard parenting plan by the court is agreed by parties before the
court hearing, it is called "stipulated". Court can approve the stipulated
parenting plan without court hearing.
18 A-932/2015
A standard parenting plan by the Court puts the best interests of the child
first. It is drawn up in good will with a shared commitment to the children
and their future firmly in mind (just like consent terms).
In developed nations most of the states, there is a law required that court-
ordered parenting plans must set forth the minimum amount of parenting
time and access a noncustodial parent is entitled to have.
Parenting Plan will detail practical decisions about childrens care in such
areas
as:
Parents normally can make variations to the court standard parenting plan or
develop a different custom plan if the judge approves the changes.
Parents later can modify the existing parenting plan by filing a new request
with a court when circumstances have changed.
A parenting plan can take any form, however it must be made free from any
threat, duress or coercion. It must be in writing and signed and dated by
both parents.
If parents cannot agree on arrangements for children they may need to have
the Family Court decide and issue a Parenting Order.
In deciding parenting arrangements the Court must always consider:
the best interests of the child
the extent to which both parents have complied with their obligations in
relation to the child, which may include those set out in a standard parenting
plan (As follow).
Standard Parenting Plan
DATE :
DIVISION _____
PETITIONER (Name: First, Middle, Last) RESPONDENT (Name: First, Middle, Last)
Mrs Archana Tushar Ubale, Mr Tushar Vishnu Ubale
The mother and father will behave with each other and each child so
as to provide a loving, stable, consistent and nurturing relationship with the
child even though they are separated / divorced. They will not speak badly
of each other or the members of the family of the other parent. They will
encourage each child to continue to love the other parent and be
comfortable in both families.
Under the above schedule each parent will spend the following number of
days with the children:
Child Mukta shall stay (physical custody) with the mother from 1st July to 31st
December and thereafter the child Mukta shall stay with the father from 1 st January to
30th June and so on in the above manner till disposal of the petition.
B. DAY-TO-DAY SCHEDULE
The mother / father shall have responsibility for the care and access of the
child or children except at the following times when the other parent shall
have responsibility
and access :
The respective parent shall take care of day to day schedule of the child while the child is in their custody as per
above arrangement.
21 A-932/2015
The non custodial parent shall have access to the child on every Sunday
between 10.00 a. m. to 6.00 p. m. The non custodial parent shall pick up the
child at the gate of the custodial parent at 10.00 a. m. on every Sunday and shall
drop back the child at 6.00 p. m. on the same day. The non custodial parent
during relevant period shall have telephonic access every day, if necessary at
7.00 p. m.
The other parent shall also have responsibility for the care and access of the
child or children at the additional parenting times specified below:
This parenting schedule shall begin on 1st July and end on 31st December where the
child will be in custody of the mother and on 1 st January and end of 30th June where the
child will be in custody of the father.
Parties are directed that non-custodial parent will be involved in
curricular and extra curricular activity, in following--
Swimming class/ Dance Class/ Tuition, Sports,
From _______________________ to ______________________
Day and Time Day and Time
The petitioner or the respondent shall take care of extra curricular activities of
the child whenever the child is in their custody for six months as per above
referred order.
A weekend access / holiday shall begin at 6:00 p.m. on the night preceding
the holiday and end at 6:00 p.m. the night of the holiday, unless otherwise
noted above.
Note: The child will be with the petitioner-mother for first 50% of long
23 A-932/2015
vacations like summer, Diwali and Christmas vacations, whereas the child will
be with the respondent-father for second half of these long vacations. This
arrangement is irrespective of 50% share of access by each parent.
H. TRANSPORTATION ARRANGEMENTS
The place of meeting for the exchange of the child or children shall be: at
the gate of house of respective parent.
J. OTHER
The following special provisions apply :
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________.
II. DECISION-MAKING
A. DAY-TO-DAY DECISIONS
Each parent shall make decisions regarding the day-to-day care of a child
while the child is residing with that parent, including any emergency
decisions affecting the health or safety of a child.
B. MAJOR DECISIONS
Major decisions regarding each child shall be made as follows:
Educational decisions mother father joint
Non-emergency health care mother father joint
Religious upbringing amother afather ajoint
Extracurricular activities amother afather ajoint
__________________________ amother afather ajoint
Obtaining passport, Caste
Certificate.
24 A-932/2015
NAME OF THE CHILD & SURNAME: The custodial parent shall not be
entitled to change the name or the surname of the child which has
been given to the child as per either a ceremony performed for the
same or the name along with the fathers surname as it appears in the
birth certificate without the court order or written consent of the non-
custodial parent.
A. CHILD SUPPORT
a. Both the parties shall open a new joint account within a period of
two weeks from today in any Nationalized Bank in Chembur, Mumbai
and the petitioner shall start depositing Rs.5000/-every month till
disposal of the petition, so also the respondent shall start depositing
Rs.10,000/-every month in the said account. The said accumulated
amount shall be utilized for educational expenses and other expenses
of the child. The party may deposit lumpsum amount in advance
towards these above amount instead of depositing every month. The
parties shall seek permission of the court while withdrawing the
amount for particular purpose.
The parents acknowledge that court approval must be obtained before child
support can be reduced or modified.
RIGHTS OF CHILD
RIGHTS OF PARENTS
Both parents are entitled to the following rights:
(1) The right to unimpeded telephone and web cam conversations with the
child at least twice a week at reasonable times and for reasonable
durations;
(2) The right to send mail / gifts to the child which the other parent shall
not open or censor;
(3) The right to receive notice and relevant information as soon as
practicable but within three (3) hours of any event of hospitalization,
major illness or death of the child;
(4) The right to receive directly from the childs school any school records
customarily made available to parents. (The school may require a
written request which includes a current mailing address and upon
payment of reasonable costs of duplicating.) These include copies of
the childs report cards, attendance records, names of teachers, class
schedules, and standardized test scores;
(5) The right to receive copies of the childs medical health or other
treatment records directly from the physician or health care provider
who provided treatment or health care. (The keeper of the records
may require a written request which contains a current mailing
address and the payment of reasonable costs of duplication.) No
person who receives the mailing address of a parent as a result of this
requirement shall provide such address to the other parent or a third
person;
(6) The right to be free of unwarranted derogatory remarks made about the
parent or his or her family by the other parent to the child or in the
presence of the child;
(7) The right to be given at least forty-eight (48) hours notice, whenever
possible, of all extra-curricular activities, and the opportunity to
participate or observe them. These include the following: school
activities, athletic activities, and other activities where parental
participation or observation would be appropriate;
(8) The right to receive from the other parent, in the event the other parent
leaves the state with the minor child or children for more than two (2)
days, an itinerary including telephone numbers for use in the event of
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an emergency;
(9) The right to access and participation in education on the same basis
that is provided to all parents. This includes the right of access to the
child for lunch and other activities. However participation or access
must be reasonable and not interfere with day-to-day operations or
with the childs educational performance.
(10) Right to share the names and contact details of the friends of the child.
Home: Home :
9820118279
The Parents hereto have executed this Parenting Plan the day and year first
hereinabove written.
_______________________________
_________________________________
Sign Mother Sign Father
__________________________________________
____________________________________________
lawyer for Mother lawyer for Father
__________________________________________
____________________________________________
Address of Mother Address of Father
C/o Ankush S. Ghadigaonkar, R-5/62, Hari Om A/1301, Mahavir Platinium, Next to Indian
Oil Nagar,
Nagar, Mulund (East) Mumbai 400 081 Ghatkopar Mankhurd Link Road, Chembur
(East)
Mumbai 400 043
Sd/-
( Prasad Palsingankar )
Judge
27th May, 2015 Family Court No.3, Mumbai.