Custody arrangements must comply with prior agreements and clear communication between parties is essential for enforcement.

JUDGMENT Devan Ramachandran, J.

The petitioner challenges Ext.P5 order of the learned Family Court, Chavara, because her request for custody of her minor child during the time she is in India has been rejected.

2. Sri.Bharath Mohan – learned counsel for the petitioner, pointed out that the parties had earlier entered into a compromise - based on which, OP(G&W)No.235/2021 had been disposed of - wherein his client had been agreed to be in interim custody of her child whenever she reaches India. The learned counsel explained that, in contravention of this, the child was not given to his client; and hence that she moved the learned Family Court with an application, namely, IA No.21/2025 in OP(G&W)No.235/2021; but which has now been dismissed.

3. Sri.Joseph George – learned counsel for the respondent, in response, submitted that his client has no intention of creating any controversy; but that he was unable to accede to the request of the petitioner only because she had not informed him of her arrival in India. He added that, if she discloses before this Court how long she is going to be in India, he has no objection to the child being with her, provided her schooling is not disturbed.

4. Sri.George Joseph then added that during the time when the child is with the mother, his client be allowed to speak to her on the phone every day and also to meet her at least during the weekends.

5. Sri.Bharath Mohan, in reply, submitted that his client will be in India until 31.01.2026; and prayed that the child be not given on every weekend, only on alternate ones, until 31.01.2026 or until his client leaves India.

In the afore circumstances, we cannot find favour with Ext.P5 order and therefore, set it aside; consequentially ordering IA No.21/2025 in OP(G&W)No.235/2021 in the following manner:

(a) We record that the child has been handed over to the mother from this Court and permit her to retain her in interim custody until she leaves India, which tentatively, she says, will be on 31.01.2026.

(b) During the time when the child is with the mother, she will ensure that the school and other curricular activities of the former are not disturbed and that she attends them without fail.

(c) During the period when the child is with the mother in terms of the afore directions, the father will be entitled to retain her interim custody every second and fourth Saturdays from 10 a.m. on that day, till 5 p.m. the ensuing Sunday. In addition, he will be in interim custody of the child on the first and third Saturdays from 10 a.m. to 5 p.m.; and we order that the place of exchange for this shall be in front of the residential gate of the mother.

(d) During the time when the child so continues with the mother, the father is granted liberty to talk to her on phone - both video and audio; and we record the phone number of the mother to be 75599 58402, for such purpose, as offered to us by her learned counsel.

Needless to say, the parties will hereinafter abide by the terms of the compromise they had earlier entered into - based on which, OP(G&W)No.235/2021 has been disposed of - without any violation and implicitly; for which, we order the petitioner - mother to inform the respondent – father of her next visit to India, after she goes back to employment abroad, at least one week in advance by Email/Whatsapp/SMS.