Chapter 4: Interim Arrangements and Temporary Access
4.1 The Jurisprudential Necessity for Interim Arrangements: Underscores the parens patriae duty to issue interim orders that prevent de-facto custody and parental alienation, ensuring the litigation process itself does not erode the child’s right to continuity of care from both parents.
4.2 Interim Custody Orders and the Presumption of Shared Care: Directs courts, under Section 12 of the Guardians and Wards Act and Section 26 of the Hindu Marriage Act, to issue interim orders reflecting a presumptive 50/50 Equal Shared Parenting model, rejecting minimalist “visitor” arrangements absent proven harm.
4.3 The “Friendly Parent” Doctrine: Requires extensive interim parenting time (including overnights, holidays and festivals) where geography precludes an immediate 50/50 split, and favours the parent more likely to facilitate the child’s continuing contact with the other parent.
4.4 Supervised Visitation: A Temporary and Remedial Measure: Confines supervised access to cases of credible risk or long-standing estrangement, emphasising its reunification objective, periodic review, and the requirement of direct threat evidence rather than mere spousal allegations.
4.5 Visitation Through Neutral or Child Welfare Centres: Authorises exchanges at neutral venues or Child Welfare Centres to shield the child from parental hostility during handovers and thereby reduce the risk of Parental Alienation Syndrome.
4.6 Virtual or Electronic Interaction with the Child: Mandates daily, unmonitored video or electronic contact for the non-residential parent, affirming such contact rights as an essential component of the child’s entitlement even when physical custody is denied.
4.7 Implementation Challenges: Surveys progressive judicial trends (shared-parenting recognition, PAS awareness, gradual tender-years shift) alongside persistent ground-level obstacles—weaponised parallel criminal proceedings, status-quo delay tactics, coached child testimony, gender stereotyping, jurisdictional flight, and institutional non-enforcement of visitation orders.