Karnataka High Court Calls for New Language in Child Custody Proceedings

October 1, 2026 - 06:53

The Karnataka High Court on Tuesday expressed the need for change in the terminology employed in judicial proceedings that concern child custody. Justice Lalith, while hearing a matter related to a minor child, observed that words such as "visitation" carry a harsh and detached tone that does not reflect the reality of a child's relationship with a parent. The court suggested that the term "visitation" be replaced with "parenting time" in orders and discussions involving custody arrangements.

The judge noted that language shapes how parents and children perceive the process. A term like visitation can make one parent feel like a guest in the child's life rather than an active participant in raising the child. Parenting time, by contrast, acknowledges that both parents continue to have a role in the child's upbringing even after separation or divorce.

The observation came during a case where a father sought time with his child. The court emphasized that the focus should remain on the welfare of the child and that courts must use words that reduce conflict rather than increase it. Legal experts say the suggestion, if adopted widely, could influence how family courts frame orders across the state. The court did not issue a formal direction but urged stakeholders to consider the shift in terminology.