Karnataka High Court orders using ‘parenting time’ instead of ‘visitation’ in all child custody cases

In a significant move aimed at reforming the language used in cases involving custody of a child between couples in conflict, the High Court of Karnataka has directed all family courts and courts dealing with guardians and wards (G&WC) cases henceforth to use the term “parenting time” instead of “visitation,” observing that no parent should be treated as a mere “visitor” in a child’s life.

Justice Lalitha Kanneganti, who was hearing a child custody case, issued the direction while pointing out that it is time for a small change in the language employed in judicial proceedings.

Pointing out that courts often use the word “visitation” to describe the time the child spends with a parent, who is a non-custodial parent, the court said that the word “visitation” is familiar, but “it carries an unfortunate suggestion that one parent is part of the child’s life while the other merely visits.”

“A child should not be made to understand the relationship through the word visitation, which is used for someone who arrives and leaves as a guest. Children read the conduct of adults and sometimes the words of courts to understand where they belong. Calling it parenting time recognises a simple truth that no parent is a visitor in the life of a child,” the court said.

Though a change in terminology does not decide questions of custody, when a court imposes restrictions on the access to the child, the word “parenting” is more humane, Justice Kanneganti said.

Also, the High Court directed the Registrar of General to issue a circular to all courts in this regard on the use of “parenting time” while also directing that even in the applications for child’s custody the word “parenting time” should be used instead of “visitation.”