On Thursday, the Supreme Court laid down a detailed framework governing psychological assessments of children involved in parental custody disputes, stressing that such evaluations should be ordered only when genuinely required. The Court has sought to ensure that children involved in custody battles are not subjected to unnecessary psychological scrutiny, keeping their best interests at the forefront of the process.
The case arose from a challenge to orders of the Bombay High Court directing the psychological evaluation of a minor caught in a custody dispute between separated parents. A panel of experts had earlier been tasked with assessing both the child and the parents to facilitate the restoration of contact between the father and the minor. Before the Apex Court, the broader issue concerned the circumstances in which courts may direct psychological assessments of children and the safeguards required to ensure that such processes do not adversely affect their mental health. The Court examined concerns relating to parental conflict, allegations of parental alienation, false memory creation, and the evolving psychological needs of children involved in prolonged custody battles.
The Division Bench of Justice Sanjay Karol and Justice N. Kotiswar Singh held that Family Courts must proceed cautiously before directing psychological evaluations of children. The Court emphasised that the mental condition of the parents must first be assessed, observing, "Family Courts must first appoint a psychologist to assess the psychological condition of both parents, particularly the parent having present custody of the child, before deciding whether any psychological assessment of the child is required."
The Bench further clarified that no evaluation of the child should take place if the court finds it unnecessary or undesirable based on expert opinion. Where assessment becomes essential, it must be conducted by an independent child psychologist with minimal interaction so as not to disturb the child. The Court also directed Family Courts to remain alert to issues such as parental alienation, false memory creation, and pending POCSO proceedings that may affect custody and visitation rights.
Modifying the Bombay High Court's orders, the Apex Court remitted the matter to the Family Court for fresh consideration in light of the guidelines it has now prescribed.
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