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5 Oct 2026 | 12:06 “In matters concerning custody, courts often use the word ‘visitation’ to describe the time the child spends with a parent who is a non-custodial parent.
Yet, in the language of custody proceedings, the time a child spends with the parent who does not have primary custody is often called “visitation”. In an order reported by media outlets on October 8, 2026, Justice Lalitha Kanneganti directed family courts and courts dealing with guardianship matters in Karnataka to use “parenting time” instead of “visitation” when referring to such arrangements. The court directed that administrative instructions be issued so that parties seeking such arrangements use the term “parenting time” in their applications. Calling the time spent with one parent “visitation” may unintentionally suggest that the parent is an occasional presence rather than someone who continues to have a role in the child’s upbringing. The phrase “parenting time”, by contrast, puts the focus on the relationship and the responsibilities that continue after separation.
A child’s relationship with a parent is not a booking, with a fixed check-in time and a deadline to leave. That single word has now drawn the Karnataka High Court’s attention. The term 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. Though a change in terminology does not decide questions of custody, when a court imposes restrictions on access to the child, the word ‘parenting’ is more humane”, observed Justice Lalitha Kanneganti. The Registrar General was asked to communicate the direction to family courts and other courts dealing with matters under the Guardians and Wards Act. For a child, separation is not simply a legal change in the relationship between two adults. It can mean adjusting to two homes, different routines and the absence of a parent from everyday moments such as school mornings, meals and bedtime. The American Psychological Association has highlighted the emotional challenges divorce can create for children and the importance of approaches that support their wellbeing. Its guidance on parenting coordination also identifies reducing destructive parental conflict and keeping children’s best interests central as key goals when separated parents struggle to cooperate.
The child’s welfare must come before a timetable
The Karnataka High Court’s intervention, therefore, is about more than replacing one legal expression with another. Research published in the Journal of Family Psychology has linked children’s exposure to conflict between parents with emotional distress and adjustment difficulties. A separate study examining parenting time in high-conflict separations found that the relationship between time spent with a parent and children’s mental health is complex; the quality of parenting and the level of conflict also matter In India, the Supreme Court has likewise held that a child’s welfare, rather than the competing legal rights of parents, is the paramount consideration in custody matters. It is a reminder that children should not be made to feel that a parent belongs to their life only for the hours allotted by a court. A custody order may need to specify dates, durations and practical arrangements. But the relationship itself cannot be reduced to a calendar entry. As Justice Kanneganti observed, “no parent is a visitor in the life of a child. You use AI every day. Now get your AI Quotient. Take the AIQ test Get the latest Lifestyle News and more. Download the TOI app.