Cross-continent custody row: High Court upholds minor’s wish to stay with father

Team Herald

PANJIM: In a vexatious global custody battle, the High Court of Bombay at Goa has refused to grant interim relief to a mother seeking restoration of her 16-year-old son’s custody and has allowed him to remain in the custody of his father after he was allegedly taken from her in Canada and brought to Goa.

However, the Court has directed the father to assist the mother in re-establishing the bond with her son for a minimum period of eight to ten days. The order was passed after the Court accepted the adolescent boy’s preference to stay with his father.

The mother had filed a criminal writ petition seeking directions to the police to retrieve the boy and restore his custody to her, so that he could continue his education in Canada. She also sought the return of his passport, citing her status as the custodial parent.

The couple’s marriage was solemnised on 1 October 2000 in Goa, as per Hindu traditions, and registered in the office of the Registrar of Marriages of the Union Territory of Chandigarh. They had two children, and the boy in question was born in July 2009.

After their marriage irretrievably broke down, the couple obtained a mutual consent divorce. As per the agreement, legal custody and guardianship of both children was granted to the mother until they reached the age of maturity, including decisions regarding education, extracurricular activities, and healthcare.

The father was granted a right, though not an obligation, to spend eight weeks (approximately 56 days) annually with the children, in any part of the world he chose.

In August 2019, the mother relocated to Canada with the children. Later, the couple finalised their divorce by mutual consent. The agreement allowed the father to have custody and guardianship of the children exclusively during the eight-week period each year.

On 22 July 2024, the father picked up the boy from Canada, with an understanding that he would return him by 30 August 2024. However, the boy did not return on the agreed date, prompting the mother—now based in Canada—to file the present petition seeking his custody in Goa.

During the hearing, the High Court interacted with the boy, who expressed a firm desire to stay with his father. He repeatedly informed the Court that he had accompanied his father of his own volition, and did not wish to return to Canada or live with his mother.

Accepting the minor’s choice, the Division Bench, comprising Justices Bharati Dangre and Nivedita P Mehta, ruled that the boy shall remain in the custody of the father.

In its order, the Court noted: “Adolescence is a time for exploring one’s identity, values, and beliefs, often leading to a search for independence and autonomy. We could hear the voice of a young man, who is developing into an adult. He is at an age which is inherently infused with disturbance and psychological confusion. The phase of life where he stands today is marked by significant physical, emotional, cognitive, and behavioural changes, coupled with the development of abstract thinking and a stronger sense of identity. Adolescents often experience heightened emotional intensity and a broader range of emotion s.”

The Court further allowed the boy to complete Grade 10 through virtual schooling in Ontario-Canada, as he is only 10 weeks away from completing his Class X.

The father has also been directed to ensure regular meetings between the boy and his mother, and to actively assist in rebuilding the relationship between the mother and son.