If you are stuck in such a situation, here is what to do.

Mr. Alok, a resident of Shantipur, found himself in the midst of a challenging child custody battle in the family court of Rampur. The court, prioritizing the children’s welfare, issued an order for a comprehensive psychological assessment of his children. This evaluation was deemed crucial to understand the children’s mental and emotional state and to help determine the most suitable custodial arrangement. As Mr. Alok was not from Rampur, he faced the daunting task of finding a reputable and court-recognized psychologist or medical institution to carry out this sensitive procedure. The outcome of this assessment would significantly influence the court’s final verdict, making it a critical juncture in his fight for custody.

Advice in such cases

When faced with a court-ordered psychological assessment for a child, it is essential to proceed with caution and diligence. The report from this assessment can be a deciding factor in a custody case.

• Understand the Court Order: Carefully read the court’s order to understand the scope and purpose of the assessment. Note any specific instructions or names of recommended professionals or institutions.
• Research Qualified Professionals: Look for clinical psychologists who specialize in child psychology and forensic assessments. You can ask your lawyer for recommendations or search for professionals associated with reputable hospitals or mental health clinics in the city.
• Maintain Neutrality: It is crucial that the chosen professional is neutral and unbiased. If you and the other parent can mutually agree on a psychologist, it is often viewed favourably by the court.
• Prepare the Child (Gently): Explain to your child in age-appropriate terms that they will be talking to a person who helps kids with their feelings. Do not coach them or tell them what to say. The goal is an honest assessment of their well-being.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Child custody cases in India are primarily governed by civil laws that focus on the “welfare of the child” as the paramount consideration. There are no specific sections under the new criminal acts (BNS/BNSS) that directly govern this process, as it is a civil matter.

• The Guardians and Wards Act, 1890: This is the principal legislation for custody matters. Section 7 gives the court the power to appoint a guardian, and in doing so, the court is guided by what is best for the welfare of the minor. The court can make any order it deems proper to ensure the child’s welfare, which includes ordering a psychological assessment.
• The Hindu Minority and Guardianship Act, 1956: For Hindus, this Act supplements the Guardians and Wards Act. Section 13 reiterates that the welfare of the minor is the paramount consideration in the appointment or declaration of any person as guardian.
• Inherent Powers of the Court: Family courts have inherent powers to pass any orders necessary to do complete justice in a case, especially in matters concerning the welfare of children. Ordering a psychological evaluation falls within these powers.

If you are the complainant

If you are the parent who requested the psychological assessment, your role is to ensure the process is fair and effective.

• Propose a Panel of Experts: To show fairness, you can propose a list of 3-4 qualified and neutral psychologists or institutions to the court and the other party. This demonstrates that you are not trying to influence the outcome.
• Cooperate Fully: Provide all necessary information and cooperate fully with the psychologist. This includes attending all scheduled sessions, whether individual or joint.
• Focus on the Child’s Best Interest: Frame your concerns and communications with the psychologist around the child’s well-being, rather than on “winning” the case against the other parent.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the parent who did not request the assessment (the respondent), your objective is to ensure the process is not used against you unfairly.

• Scrutinize the Choice of Expert: If the other party proposes a psychologist, do your due diligence to ensure they are neutral and have no prior relationship with the other party. You have the right to object to a proposed expert if you have valid reasons.
• Request Clarity on the Process: Ask your lawyer to seek clarity from the court or the psychologist about the methodology, the number of sessions, and who will be interviewed.
• Be Honest and Open: During your sessions with the psychologist, be honest and focus on your relationship with your child and your ability to provide a safe and nurturing environment.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Police have no direct role in the psychological assessment process itself, as it is a civil proceeding managed by the family court. Their involvement is limited to specific situations, such as:

• Enforcement of Court Orders: If one parent refuses to comply with the order to take the child for assessment, the other parent may seek a court directive for police assistance to enforce the order.
• Criminal Complaints: If there are parallel criminal cases, such as allegations of child abuse, domestic violence, or kidnapping (parental or otherwise), the police will conduct their investigation separately under the relevant sections of the Bharatiya Nyaya Sanhita (BNS). However, this is distinct from the court-ordered civil assessment for custody.

FAQs people normally have

Can I refuse a court-ordered psychological evaluation?
No. Refusing to comply with a direct order from the court can be considered contempt of court. It will also be viewed very negatively by the judge and will likely harm your custody case, as it may be interpreted as you having something to hide.

Who pays for the assessment?
The court decides who bears the cost. It can order one parent to pay the entire amount, or it can order the cost to be split between both parents, often in proportion to their income.

What exactly happens during a child’s psychological assessment?
The process varies but generally includes interviews with the child, interviews with each parent separately, observation of parent-child interactions, and sometimes standardized psychological tests. The goal is to assess the child’s emotional health, developmental stage, attachment to each parent, and any signs of stress or trauma.

What evidence is required?

The primary “evidence” generated from this process is the final report submitted by the psychologist to the court. However, to facilitate a thorough assessment, the psychologist may ask for the following documents:

• The court order mandating the assessment.
• Pleadings from the custody case to understand the allegations from both sides.
• The child’s school records, including report cards and any notes from teachers or counsellors.
• The child’s medical records, if relevant.
• Any previous psychological or developmental reports, if they exist.

How long will the investigation take?

The “investigation” or the assessment process is not a police investigation but a clinical one. The duration can vary depending on the psychologist’s schedule, the complexity of the case, and the cooperation of the parents. Typically, the entire process, from the initial session to the submission of the final report to the court, can take anywhere from 4 to 8 weeks. This includes multiple sessions, data analysis, and the time required for the psychologist to write a comprehensive and detailed report.

Advocate Sudhir Rao, Supreme Court of India