Answer By law4u team
In cases of high-conflict divorces, the well-being of the child can be at risk due to the hostile environment between the parents. Often, during a divorce or custody dispute, the courts may find it difficult to determine which parent is best suited to care for the child, especially when both parties are embroiled in intense conflict. In such situations, Non-Governmental Organizations (NGOs) can play an important role in providing temporary custodial care to ensure the child's emotional and physical safety.
While NGOs are typically known for their work in child protection and welfare, their involvement in custodial care during a high-conflict divorce is usually a temporary measure, intended to safeguard the child until a more permanent solution is determined. The involvement of NGOs ensures that the child is not exposed to a volatile or harmful situation while the custody decision is being made in court.
Role of NGOs in Temporary Custodial Care
Temporary Guardianship
In situations where a child’s safety or well-being may be compromised due to parental conflict, courts may appoint NGOs to provide temporary guardianship. This arrangement typically occurs when neither parent is able to provide a stable or neutral environment during the legal proceedings. NGOs may act as a temporary custodian or guardian, ensuring that the child is placed in a safe and nurturing environment until the custody dispute is resolved.
Child Welfare and Protection
NGOs specializing in child welfare are trained to provide a secure and supportive environment for children. They often have expertise in handling cases of child abuse, neglect, and emotional trauma. By offering temporary care, these organizations ensure that children do not face the additional strain of witnessing the ongoing conflict between parents. The organization’s role would also include providing psychological support and counseling for the child, helping them cope with the stress of the situation.
Safe Housing and Environment
NGOs typically offer safe housing options like children’s homes or shelter homes, which can be used as temporary spaces for children during the custody process. These facilities are designed to provide a stable environment, ensuring that the child’s emotional and physical needs are met until the court resolves the dispute.
Monitoring and Support Services
NGOs often provide monitoring services for children in their care, ensuring that their welfare is constantly assessed. They also offer support services to help the child adjust to the temporary situation. These services might include psychological counseling, education, and medical care.
Legal Framework and Permissions
Court's Role in Appointing NGOs
In India, NGOs cannot independently make decisions regarding custody; they must be appointed by the court in cases where the child’s well-being might be at risk due to parental conflict. The court typically appoints an NGO in situations where both parents are unable to offer a safe environment, or if the conflict between the parents is so intense that it may harm the child. Family courts have the authority to appoint NGOs as temporary custodians or guardians under Section 12 of the Guardians and Wards Act, 1890 or relevant provisions under the Juvenile Justice (Care and Protection of Children) Act, 2015.
The Role of Child Welfare Committees
In some cases, a Child Welfare Committee (CWC) may be involved to assess whether a child needs to be temporarily placed under the care of an NGO. The CWC has the authority to refer children to NGOs for care and protection if they believe the child is in an unsafe environment. The involvement of the CWC ensures that the best interests of the child are always considered.
Eligibility of NGOs
Not all NGOs are qualified to provide custodial care. The organization must have the necessary legal permissions and accreditations from the government or relevant child welfare bodies. For instance, an NGO would need to be registered under the National Commission for Protection of Child Rights (NCPCR) or other governing bodies. They must also meet the requirements outlined by the Juvenile Justice Act to handle child care and custodial placements.
Duration of Custodial Care
The custody granted to the NGO is usually temporary, lasting until a permanent custody arrangement is decided. The court monitors the situation, ensuring that the child’s emotional and physical needs are being adequately met. Once the custody dispute is resolved, the child may either return to one of the parents or be placed in long-term guardianship if neither parent is deemed fit to care for the child.
Example
Scenario:
In a high-conflict divorce, Sunil and Meera are engaged in a bitter legal battle over custody of their 8-year-old daughter, Anaya. Both parents have made accusations against each other of neglect and emotional abuse. The court, after reviewing the situation, determines that Anaya is likely experiencing significant emotional distress due to the ongoing conflict and requests the involvement of an NGO to provide temporary custodial care.
Court’s Decision:
The court appoints an NGO specializing in child welfare to temporarily care for Anaya. The NGO places Anaya in a safe environment where she receives psychological counseling and emotional support. During this time, the NGO monitors her emotional and physical well-being and reports back to the court.
Outcome:
After several months, the court determines that Meera has addressed the issues raised in the case and is now able to provide a stable home for Anaya. The court grants Meera full custody, with supervised visitation for Sunil, based on the recommendations from the NGO and the child welfare reports.
Conclusion
Yes, NGOs can provide temporary custodial care for children during high-conflict divorce cases in India, but this typically requires a court order and legal framework. The NGO’s role is to ensure the safety, well-being, and emotional stability of the child during the legal proceedings, until a more permanent custody decision is made. The involvement of NGOs is particularly crucial when there are concerns about the child’s exposure to parental conflict, neglect, or abuse. However, their involvement must be in line with the law, ensuring that the best interests of the child are upheld.
