The court presumes that it is in the best interests of the children for parents to have ‘equal shared parental responsibility’, but it will look at what is best for the children in each case.This presumption will not apply if there has been child abuse or violence by a parent or a person who lives with the parent (including abuse of any child within these families). After referring to the provisions of the Domestic Violence Act and some case law, Their Lordships of the Supreme Court in the case of S. There is no such law in India, like the British Matrimonial Homes Act, 1967, and in any case, the rights which may be available under any law can only be as against the husband and not against the father-in-law or mother-in-law.” From this, it is clear that the wife may have rights only against the husband and not against father-in-law or mother-in-law. As far as the suit house is concerned, it is not the property in which her husband has got any legal right and therefore she cannot claim that the suit house is the shared household within the meaning of Section 2(s) of the Domestic Violence Act. Taruna Batra, observed as follows in para 16 of the Judgment :- “16.If the court finds both parents share parental responsibility, then the parents must try to come to agreement about major long-term decisions affecting the children.Equal shared responsibility is not presumed if there has been child abuse or violence by a parent or a person who lives with the parent (including abuse of any child within these families).Other evidence may convince the court that equal shared responsibility is not in the best interests of the children.
There is no defined age when children can decide on their own living or communicating arrangements.The house/property in question should have been self acquired or raised by your mother or father and it should not be a joint family property. It is the exclusive property of appellant No.2, mother of Amit Batra. Your mother or father should be sole & exclusive owner of this house/property. It is not the same as equal parenting time or shared care.
Equal shared parental responsibility includes making decisions about children’s: Day-to-day decisions, such as what the children eat or wear, are not included.
In terms of S28 of The Children Act 2005, a court (High Court, Divorce Court, Childrens Court) may suspend or vary the rights of access.