🚨Rajasthan High Court Grants Custody Of 2-Yr-Old Child To Widow Who Was Accused Of Abetting Husband's Suicide By In-Laws 🚨 📍*Kusum Lata v the State of Rajasthan:* The Rajasthan High Court recently ruled in favor of a widowed mother, granting her custody of her 2-year-old son in a habeas corpus petition. The mother, a school lecturer, had been denied custody by her in-laws, who alleged she was responsible for her husband's suicide. However, the court found that the mother was the natural guardian and, being financially stable and educated, was better equipped to care for the child's welfare and future. The court cited a Supreme Court precedent emphasizing the paramount importance of a child's welfare in custody matters. Noting the lack of any adverse reports regarding the mother's character, the court directed the grandparents to hand over custody to the mother, dismissing their claims. This verdict upholds the rights of a natural guardian and prioritizes the well-being of the child. #Rajasthan #HC #custody #Childcare #Childwelfare #widow #Abetment
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Numerous studies have demonstrated the long-term impacts of institutional care on children, such as delayed physical and psychosocial development milestones and impaired independent living skills. We have also observed that prolonged institutionalization erodes a child's political presence within their community, diminishing the mutual 'we-feeling' between the community and the child. Legislative texts related to children's rights consistently emphasize the family as the primary support system for children. In India, many children are unnecessarily separated from their parents due to a lack of support systems for caregivers and the broader community. While there has been ongoing discourse about the necessity of ensuring children remain with their families before considering alternative care placements (such as foster care, adoption, or institutional care), there has been limited discussion on practical ways to support families in caring for their children or to strengthen families. Family strengthening could include measures such as providing communities with Day Care Centres and Night Care Centres, facilitating linkage to social security documents, offering educational and health support, providing financial assistance, and equipping parents with effective parenting skills. In my work at Prerana, I have seen many parents (mostly from underprivileged, marginalised backgrounds) approaching Child Welfare Committees with various reasons for placing their children in children's homes, including the lack of caregiving support for single or working parents, insufficient resources for education or health, disabilities of caregivers or children, and domestic violence. Most of these concerns can be addressed by providing the right kind of support to families, making institutional care unnecessary. In this video, I discuss the need for practitioners, policymakers, and funders to invest in accessible, flexible, and affordable community-based Day Care Centres to ensure children can continue to live with their families and thrive within their own communities. #childprotection #childrights
Did you know? Every year, approximately 150-200 families from urban and semi-urban areas in the Konkan Division, Maharashtra, reach out to the Child Welfare Committee desperately seeking institutionalization for their children due to the lack of child care services like day care centers. Day care centers play an invaluable role in ensuring a child's well-being and safety. They have emerged as a key support system for families, helping to prevent parent-child separation. Over the next few weeks, we will share crucial voices from the field, emphasizing the need to create accessible, affordable, and flexible day care centers. Listen to what Geetarani Lourembam says about its relevance in the child protection space! #childrights #letstalkchildcare #rightschoicesdignity #familybasedcare Susieben Shah Aditi Varda Sunil Tatkare Mumbai Mobile Creches Dasra
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In a landmark ruling, the Andhra Pradesh High Court reinforced a child's right to maintain relationships with both parents, even in custody disputes. The court granted visitation rights to a father, underscoring the need for children to receive love and care from both parents. This judgment is a significant step in ensuring the welfare and balanced development of children in parental separation cases. #childrights #custodybattle #parentalrights #andhrapradeshhighcourt #childwelfare #familylaw #judiciary #parenting #loveandcare #legalupdate #courtdecision #lawandjustice
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🌟 Empowering Futures: A Collective Step Towards Ending Child Marriage 🌟 Through the collaborative efforts of Gayatri Seva Sansthan (GSS) and the Child Welfare Committee (CWC), we are striving to eliminate child marriage in our communities. This initiative is focused on: ✅ Raising #awareness about the harmful impacts of child marriage ✅ #Enforcing_laws to protect children's rights ✅ Providing #legal_support and #psychological_counseling to affected children ✅ Building a #supportive_environment_for_children to grow and thrive Together, we have initiated structured programs in rural and urban areas, ensuring that children can access a safe, protected future. With these efforts, we are moving closer to achieving a child marriage-free society in #Udaipur and beyond. Let's work together for a brighter tomorrow where every child enjoys the right to a safe and promising future! 🌈 #ChildProtection #EndChildMarriage #GayatriSevaSansthan #CWC #EmpoweringChildren #CommunitySupport #Udaipur #ChildRights #SocialChange
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The Punjab and Haryana High Court’s recent decision to grant interim custody of two young daughters to their mother reflects a strong judicial commitment to child welfare and parental rights. By focusing on the fundamental needs of a breastfeeding infant and emphasizing the mother’s role in fulfilling those needs, Justice Kuldeep Tiwari's ruling sets a precedent for how courts should prioritize children’s well-being in custody disputes. This decision not only addresses the immediate needs of the children but also upholds the principle that a child’s best interest is the foremost consideration in legal matters of custody. #childcustody #habeascorpus #legalnews #punjabandharyana #highcourt #childwelfare #familylaw #justiceforchildren #legalupdate #indianlaw
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Successful Prevention of Child Marriages in Koraput District! The Koraput district administration has achieved a significant milestone in preventing around 65 child marriages, particularly among tribal communities, over the past year. Child marriage is prevalent in tribal communities such as Paraja, Gadaba, Bhumiya, Bhatra, Halwa, Soura, and Kondh due to traditional customs. To address this issue, grassroots-level child protection committees have been established, comprising panchayat representatives, health and social welfare department officials, and police. These committees have successfully intervened in several child marriage cases, providing counseling to the involved individuals and raising awareness about the legal consequences of child marriage. Despite ongoing efforts and surveillance, challenges persist, particularly due to instances where tribal parents conceal marriages following the elopement of their minor children. However, the issue is regularly reviewed at both block and district levels, and reports on child marriage prevention are assessed every three months to guide future actions. The proactive measures taken by the administration have yielded tangible results in preventing child marriages, showcasing a commitment to protecting vulnerable individuals and upholding legal provisions. The commitment to addressing this issue is unwavering, and the administration remains vigilant in its efforts to eradicate child marriages, especially within remote tribal areas. Join us in Celebrating this Achievement and Supporting Further Efforts to Prevent Child Marriages in Koraput District! #ChildMarriagePrevention #CommunityEmpowerment #TribalCommunities #SocialChange Source: https://lnkd.in/dk69cRin
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Check out this recent Indian Child Welfare Act (ICWA) case in California: In re Samantha. F. (2/22/24, CA 4/2 E080888). The father appealed the termination of his parental rights, arguing that there wasn't enough inquiry into his daughter's Native American ancestry as required by ICWA. The appellate court agreed with a previous case, In re Delila D., that the method of removal (with or without a protective custody warrant) doesn't impact the depth of inquiry required by W&I §224.2. This case introduces two new arguments: first, it argues that all children, including those removed under a protective custody warrant, are considered in temporary custody under W&I §306. Second, it challenges the idea that there should be a differential application of W&I §224.2 based on emergency versus warranted removals, asserting that both are considered "emergency" under ICWA. Like Delila D., this case also had a dissenting opinion from a member who decided a related case, In re Robert F. The dissent was rebutted by the majority opinion. Please share this post and contact me for a confidential consultation if you need help with related matters. Source: CA Lawyers Association #ICWA #CaliforniaLaw #ChildWelfare #LegalCases #NativeAmericanRights
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Andhra Pradesh HC grants custody of four-and-a-half-years old child to father; permits to take the child back to USA for all-round welfare Reported by Arushi Pandey Read More Here- https://lnkd.in/guFHWu2u #AndhraPradeshHighCourt #allroundwelfare #custody #father #JusticeSumathiJagadam #JusticeUDurgaPrasadRao #Minorchild #Mother #scconline #SCC #legalnews #legalknowledge #scctimes #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews
Andhra Pradesh HC grants custody of four-and-a-half-years old child to father; permits to take the child back to USA for all-round welfare
https://www.scconline.com/blog
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Despite forming a Child Welfare & Domestic Violence task force in part because of the CFRT recommendations, after the first public Zoom meeting, the facilitators updated the group's guidelines. Incredibly, in direct conflict with the report’s recommendations, CDHS facilitators called parental alienation a distraction from its purpose. Why did that happen? Because a group of man-hating feminists lied to the facilitators and claimed the PA wasn’t real. Then, the facilitators betrayed the public trust by falsely claiming to have “reviewed all available information.” Not only did they lie but they also refused multiple offers to help from Dr. Jennifer Jill Harman, an internationally recognized expert on PA, CSU Associate Professor, and Colorado resident. BTW, the man-hating feminists used their tried and true strategy of false allegations to have me removed from the task force. It’s disgusting that what’s SOP on the frontlines in family court and CPS is also condoned at the policy level. More of the story here https://lnkd.in/gNKJBsps The failure of CDHS/CPS policies and practices to recognize, assess for, and intervene appropriately to prevent this form of child psychological and emotional abuse allows for and enables more child harm than it prevents. Register for our email updates at ColoradoResilience.org. #ChildAbuse #DomesticViolence #FamilyViolence #ParentalAlienation #CPS #FamilyCourt Colorado Resilience Colorado Department of Human Services Madison Welborne
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In a landmark ruling, the Gujarat High Court emphasized that a child's welfare should not be judged solely by their educational medium. In a custody dispute, the court ruled in favor of the mother, highlighting her primary role as the child's caregiver and condemning police interference in custody matters. The judgment reinforces the principle that custody decisions must prioritize a child's emotional and psychological well-being over financial and educational arguments. The ruling serves as a reminder that the best interests of the child are paramount in legal proceedings. #childwelfare #custodybattle #GujaratHighCourt #familylaw #legalrights #childcustody #lawandjustice #familycourt #policeaccountability #motherhood
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Legal News 👨⚖️ ⚖️ 📖 This case concerned the future of a baby girl subject to care proceedings. The Children Act 1989 requires such proceedings to be determined promptly and such proceedings have a statutory time limit of 26 weeks. The above notwithstanding it took 131 weeks to resolve this matter. The Judge rightly criticised the parties involved. Important to note that pursuant to the Children Act 1989 the welfare of the child is paramount and further the legislation contains an acceptance that any delay is likely to prejudice the welfare of the child. #law #legal #family #child #protection https://lnkd.in/ek4szRiX
Judge laments ‘unconscionable’ 131-week wait to end care case
lawgazette.co.uk
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