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Showing contexts for: shared parenting in Vineet Gupta vs Mukta Aggarwal on 30 January, 2024Matching Fragments
14. It was thus, held that the custody of the children should be handed over to the respondent/mother. However, since both the children were comfortable in company of both the parties, a shared-parenting arrangement was laid down as under: -
"62. Accordingly, the shared parent is ordered in the following manner: -
a. Since both the children are comfortable in the company of both parents, it is in the welfare of the children that they should have company and guidance of both the parents during their formative, years. Accordingly, for two weeks of the month staring from January, 2020 custody of the children will remain with the petitioner and for the other two weeks custody will remain with the respondent.
f. Petitioner had stated in her affidavit that she can get both the children admitted in DPS, Faridabad in the next academic session. Noida aiso has good schools and this order should not be taken as putting restrictions on the parents in not shifting the school of the children if they desire.
g. Though issue regarding maintenance of both the children is not raised but since shared parenting has been ordered, both parties will bear the expenses of the children in equal proportion."
The Court must weigh each and every circumstance very carefully before deciding the manner in which the custody should be shared between the parents. This is to ensure that the child does not lose social, physical and psychological contact with either of the parents.
35. Considering that the appellant/father has always been there to take care of the children and there is no evidence to show that the appellant/father has, in any manner faulted in his care for the children, accordingly, we observe that the learned Principal Judge, Family Court has rightly concluded that both the parents must be involved and thus, devised a shared-parenting plan.
36. However, in our considered opinion, the shared-parenting plan needs to be modified by taking into consideration their educational needs and also an element of stability in their day-to-day life. Hence, we revise the shared-parenting plan in the following manner: -
(i) That the regular/permanent custody of the children shall remain with the respondent/mother, but the appellant/father shall have his right of day custody from 09:00 A.M. till 08:00 P.M. on every second Sunday of the month. In case of unavailability of the children on this particular day, the same shall be accommodated on any other day, as per the convenience and availability of the minor children.