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Kerala HC appoints lawyer for child as parents fight for custody
Kerala High Court
In a first, the Kerala High Court has appointed an independent counsel to represent a child in a custody battle between its parents.
Kochi: In a first, the Kerala High Court has appointed an independent counsel to represent a child in a custody battle between its parents.
The high court took the decision after noticing that with the parents fighting for the custody of the child, there was no one to protect the interests of the kid.
The court ruled this while hearing a case filed by the father (petitioner) seeking custody of his youngest child.
The petitioner was a practicing lawyer who had three children with his estranged wife.
In another child custody case, a woman counsel told the court that appointing independent counsel for children would help to protect their best interests, which would otherwise be lost in heated disputes between the parents.
The suggestion was made in view of the fact that while the law of custody prioritises the "best interests" of the child, children generally do not have the right to have their views regarding their interests presented before the court.
Hearing this the court decided to implement the said suggestion in the present custody case.
