‘Sacrifice your wishes’: Calcutta High Court steps in as parents fight for custody of child with ADHD

“Both parties have agreed to (and in any case they should) take into consideration the special needs of the child. The parents should be ready to sacrifice their own wishes for the best interest of the child,” the May 15 order read.

The court was hearing the mother’s plea challenging the May 2 order passed by the trial court granting the father temporary custody of their elder son for two weeks during the summer vacation.

Source: Institute of Human Behaviour and Allied Sciences

Child’s medication schedule to continue

• The Calcutta High Court directed that the husband should bear the travel expenses of the child with ADHD and his mother from Bengaluru to Kolkata and back.
• It held that the other directions with regard to the medication schedule, etc, which have already been recorded in the previous order, should continue.
• Since the child was diagnosed with ADHD and would therefore need special consideration, the parents have agreed that for the first five days of the 11 days, starting May 17, the father’s temporary custody should be restricted only to daytime, the Calcutta High Court stated.

Ongoing dispute and custody

The court noted that the couple is involved in an ongoing custody battle over their two children. It was found that the father had earlier filed proceedings under the Guardians and Wards Act, 1890, before the Alipore court seeking custody rights of his children.

The Calcutta High Court found that the husband had previously filed for an interim application for temporary custody of the child ADHD in view of the ongoing summer vacations of the said child, but the same was disposed of by the trial court’s order.

It noted that both sides arrived at a broad consensus regarding temporary custody arrangements for their one child, who has been diagnosed with ADHD and requires special care.

The parties agreed that for the first five days, the father would have only daytime custody, after which it could gradually transition into overnight custody depending on the child’s comfort and adjustment.

Arguments

• Appearing for the petitioner, Senior Advocate Aniruddha Chatterjee confirmed that since the mother would be residing at a distance of around five minutes from the residence of the father, it would be open to the father to take the child at any time during the day.
• He added that the child with ADHD would, therefore, return to the mother for the purpose of getting sound sleep during the night.
• He added that the couple have further agreed that upon considering and evaluating the child’s acceptance and acclimatisation to the changed environment at the father’s place.
• He added that the daytime custody would be transitioned into a full day and night custody with the father, for the balance period in the coming days.
• The husband was represented by the Senior Advocate Probal Kumar Mukherjee in the case.