The Supreme Court on Thursday issued detailed guidelines to guide the assessment of children caught in custody battles between their parents, warning family courts not to subject such children to psychological evaluation unless necessary. .A Bench consisting of Justice Sanjay Karol and Justice N Kotiswar Singh stressed that such measures should be used sparingly. "Psychological or psychiatric evaluation of a child victim shall not be directed as a matter of routine merely because issues of custody, visitation or parental access arise between litigating parents/relatives," the Court said. .Before directing any such evaluative process, the court must record reasons demonstrating the necessity of such evaluation, the purpose sought to be achieved, its relevance, and reasons why less intrusive alternatives cannot be explored to serve the best interests of the child, the Court added..Among other guidelines, the Bench said:- Courts shall adopt the principle of minimum intrusion and minimum exposure while directing psychological interaction with child victims;- Repeated, overlapping or multi-layered psychological evaluations of a child victim should ordinarily be avoided unless compelling circumstances exist and reasons are specifically recorded in writing;- The evaluative process shall remain child-centric and welfare-oriented;- Courts shall remain cognisant of the possibility of re-traumatisation arising from repeated narration of traumatic events by child victims and shall regulate the number of sessions, duration of interaction, number of professionals interacting with the child, and the overall manner of evaluation;- The identity of the child, disclosures made during evaluation, therapeutic records and evaluative reports shall remain strictly confidential and not ordinarily be disclosed beyond what is necessary for adjudication;- Audio or video recordings, session notes and therapeutic material generated during evaluation shall not ordinarily be made directly accessible to parties except upon specific judicial determination of necessity;- Since the psychological growth and welfare of the child is closely intertwined with the psychological condition of the parents, it would be desirable for the courts to call for psychological assessment reports of both the parents as well..The ruling came in a plea challenging orders passed by the Bombay High Court directing the psychological evaluation of a minor in a custody dispute. A panel of experts had earlier been constituted on the Court's orders to evaluate the child and the parents, to facilitate restoration of contact between the father and the minor.The top court today modified the High Court’s orders dated April 27, 2023 and December 7, 2023. The case has been remitted back to the family court for a fresh consideration in light of guidelines now issued by the Supreme Court in such matters..In its ruling, the top court has also held that where evaluation of the child is required, it must be undertaken by an independent child psychologist, in consultation with any psychologist already treating the child, and with minimal interaction so as not to disturb the child’s mental condition. The Court also emphasised that courts must remain mindful that a child’s psychological needs evolve with age."Family Courts must remain conscious that a child's psychological needs change with age and may require periodic review and assessment," said the Court..The Court further directed family courts to examine concerns such as parental alienation and the risk of false memory creation, while ensuring that the child is not exposed to influences that may foster such tendencies.Highlighting its role as parens patriae, the Court noted that custody and visitation disputes involving children are inherently dynamic and constitute a continuing cause of action. It clarified that parents are at liberty to seek modification of custody or visitation arrangements as circumstances change over time. .The Court’s reasoning drew on expert material, including a report by the National Institute of Mental Health and Neurosciences (NIMHANS) and the Department of Child and Adolescent Psychiatry. These reports had highlighted the complex psychological challenges faced by children caught in parental disputes. These include strained child-parent relationships, parental conflict, mental health concerns, maladjustment, school-related issues, and instances of malicious conduct by parents.While issuing the guidelines, the Court added that the aim is to ensure that judicial processes concerning child victims remain trauma-informed and child-centric.The justice delivery system must guard against any process which has the effect of prioritising adversarial claims of litigating parties over the emotional safety and psychological integrity of the child, the Court underscored. .[Read Judgment]
