In a ground breaking and consequential legal decision, the Kerala High Court has recently affirmed the fundamental rights of a mother in matters of child custody, particularly in cases involving international relocation for career advancement. This ruling came in response to a plea filed by a mother who sought permission to accompany her child to New Zealand, where she had secured employment and residential status. The family court initially denied her request, sparking a legal battle that ultimately resulted in a pivotal judgment by a division bench comprising Justice A Muhamed Mustaque and Justice Sophy Thomas.
This ruling not only recognised the mother's legitimate aspirations but also underscored the paramount importance of the child's welfare and the fundamental rights of both biological parents in the child's upbringing. Let's delve into the details of this significant legal development.
Mother's Right To Custody And Relocation Recognised
• In a landmark decision, the Kerala High Court affirmed the rights of a mother to retain custody of her child even when relocating abroad for improved career opportunities.
• The mother's plea, seeking permission to accompany her child to New Zealand where she had secured a job and residential status, was initially denied by a family court.
• The High Court's division bench, ruled in favour of the mother, recognising that the pursuit of better job prospects primarily drove her move and should not be used as grounds to deny her custody of the child.
Child's Welfare And Rights Emphasised
• The Kerala High Court emphasised that the child's welfare should be paramount in custody disputes.
• The court stated that if the mother's relocation was for better opportunities and the child's welfare was protected, she should not be denied custody.
• It highlighted the importance of a child recognizing their biological parents and having the right to grow under their care and protection.
• The High Court expressed dissatisfaction with the family court's assessment of the child's welfare and underscored the child's fundamental right to be with both biological parents.
Approach And Provisions For Father
• The High Court's verdict upheld the mother's appeal and designated her as the sole legal guardian for the purpose of relocating with the child to New Zealand.
• It granted short-duration custody and visitorial rights to the father, ensuring his continued involvement in the child's life.
• The mother was prohibited from altering the child's nationality without obtaining the father's consent, ensuring a balanced and protective approach to the child's upbringing.