Child Custody Process in Nepal; Child Custody Lawyers in Nepal.
Child Custody Process is prescribed by Muluki Civil Code 2074, on Part 3 related with Family Law.
What age group is considered as child?
- Person who has not completed 18 years of Old is called child.
In below mentioned conditions Child is presumed to be born from same couples:
- Child born after 182 days from date of marriage.
- Child born within 272 days from date husband died or divorced.
- In other types of disputes court will decide on the basis of DNA report.
- Custodial rights, maintenance and expenses are responsibility of both parents if child is born in above circumstances.
What is Child Custody?
Taking responsibility of care, control and maintenance of child which court may grant during divorce or separation of parents.
Who can be Custody taker?
- Father and mother both can be care/custody taker jointly.
Legal custody determination as per child’s age in Nepal
- Custody under mother:
- Child below 5 years of old
- Custody under father:
- Child above 5 years and below 10 years old
- Child can select either parent for custody:
- After 10 years of old if minor desires.
- Joint Custody of Father and Mother:
- Joint custody of minor in mutual consent of father and mother.
- Facility to visit:
- Both mother and father consequently can visit minor under each of either custody.
- Care & Maintenance:
- Either father or mother, having higher income, is liable to provide child care expenses, maintenance, education and treatment with their consents if otherwise as per order of court.
Exceptions:
- In time of divorce or judicial separation if there is presence of separate agreement between husband and wife related to custody of minor, same conditions will be implemented.
- If custody taker dies, either father or mother who is alive shall take custody afterward.
- If mother is already married, grandparents or other family members will take child’s custody. Married mother is not obliged.
Judicial Decision on Child Custody
Sunita Bista Vs. Sameer K.C. (NKP 2070, Decision No.8979)
Court decision considered many factors for best interest and welfare of child.
Atul Shah Vs. Mallika Sha (NKP 2068, decision no. 8674):
Court ordered, father is allowed to see, meet and communicate his child under custody of mother.
Court Process of Child Custody after Divorce in Nepal
Two kinds of Court procedures include:
- Ordinary Jurisdiction – General district court process
- Extraordinary Jurisdiction- Writ process in district/high/Supreme court
Child Custody Process in Nepal
| Step 1 | Registration of Habeas Corpus Writ or child custody case in District Court. |
| Step 2 | Summon phase (court notice to opponent) |
| Step 3 | Submission of counter reply by opponent |
| Step 4 | Trail phase begins |
| Step 5 | Evidence’s submission order and analysis |
| Step 6 | Final Decision of Court. |
Fig: Child Custody process in Nepal
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