Mumbai: Court creates panel of lawyers to protect rights of children

The CIL will represent the child to establish her/his rights and to look after her/his affairs during the period of litigation between the parents

In an attempt to represent and protect children involved in parents' litigation, to protect kids' interest in maintenance, custody/access and due to other issues related to the welfare of children, the Family Court has created a panel of Child's Independent Lawyers (CIL). This is the first time in country where a panel of advocates and NGOs has been constituted for the same.

Every year around 2 lakh cases are filed in various family courts in India. In Mumbai alone around 10,000 cases come up before the court. In many cases, the maintenance and access are avoided and this affects the children. At times children are used as a tool to settle parents' personal scores in matrimonial proceedings. It is observed that the children are silent sufferers and most unheard and unrepresented parties in matrimonial cases. The CIL will represent the child to establish her/his rights and to look after her/his affairs during parents' litigation.

Issue raised in 2021

"The Family Court Bar Association (FCBA) was of view that a CIL should be appointed so the interests of a child whose parents are involved in litigation can be safeguarded. We studied the laws in the UK, US, Australia and New Zealand to understand a CIL's functioning. We raised this issue in August 2021 urging to set up such a panel," said advocate Shraddha Dalvi, Secretary, FCBA. "Our demand was upheld by the principal judge of the Family Court and under his guidance a panel has been set up. We are in the process of arranging an orientation seminar for the panelists."

Committee to monitor panel

The panel has 19 lawyers and 3 social workers and NGO members. A committee of eight members, led by Prasad Palsingankar, principal judge, Family Court will monitor the functioning of the CIL.

"We are really thankful to Principal Judge Prasad Palsingankar for considering our request. The CIL will definitely help reduce the length of litigations and avoid trouble to children whose parents are in dispute," said advocate Shashi Nair, president, FCBA.

"The CIL will definitely help us in our work. As matrimonial disputes take years to end, they take a heavy toll on children especially small children and teenagers. The CIL will be helpful in projecting impartial views of children and their well-being. Also they will definitely find whether a child is being tutored or under pressure," said advocate Ishika Tolani, who practises in the Family Court.

‘Will help kids'

Psychotherapist Hvovi Bhagwagar said trauma experts see parental alienation as a form of child abuse. They need evaluation by experts within and outside the judicial system. "In divorce cases, a child's mental health should be given priority when deciding custody, and both parents, as well as the child should be carefully evaluated. The long-term impact on the child include development of personality disorders, complex trauma, attachment difficulties in adult relationships, trauma related negative health outcomes. A CIL will definitely help such children for sure," she said.

When can CIL be appointed?

>> Serious allegations of child sexual assault, or actual physical assault
>> Child is mature enough to express her/his views
>> High conflicts between the parties affect the children's mental health

The role of the CIL

>> CILs shall be in touch with the child and express child's views before court
>> CILs can visit the child's school and speak to teachers to know academic performance, fee structure or extra curriculum
>> CIL will inform the regularities of the child access and child maintenance payment of child's school fee dues
>> In case of sexual abuse CIL shall visit the Child Welfare Committee or police and report it to court
>> CIL can seek help of a psychologist, update court about a child's mental health and her/his bond with non-custodial parent

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No. of members on the CIL panel