The Supreme Court of India has voiced concerns regarding the separation of siblings in matrimonial disputes, emphasizing the importance of children growing up together. During a hearing on Thursday, Justices J.B. Pardiwala and K.V. Viswanathan addressed a case where a couple's minor children were living separately, with the son residing with the father and the daughter with the mother.
The bench expressed sadness over the separation, stating that siblings should not suffer due to their parents' problems. The court underscored that siblings have done nothing wrong and should have the opportunity to live and grow together. Even if the parents decide to part ways, arrangements should be made to ensure the siblings live together, preferably with one parent.
The court acknowledged the common occurrence of children being separated when parents in a matrimonial dispute live apart. Often, one child lives with the mother while the other lives with the father. However, the Supreme Court questioned why siblings should endure separate lives due to their parents' issues and stressed the value of them being able to live and grow together.
Recognizing that mediation efforts were underway at the Supreme Court Mediation Centre, the hearing was postponed pending the outcome of mediation. The court reiterated that even if the mediation fails and the couple decides to separate, efforts should be made to ensure the siblings live together with either parent.
In South Carolina, family courts prioritize the best interests of the child when determining custody arrangements. Judges consider various factors, including the character, fitness, attitude, and inclinations of each parent, as they impact the child. The courts also review the psychological, physical, environmental, spiritual, educational, medical, family, emotional, and recreational aspects of each child's life.
While split custody, where children are separated between parents, is possible, South Carolina courts are generally reluctant to order it except in unique circumstances or when parents agree. The preference is for joint legal custody, where both parents have equal rights and responsibilities for major decisions concerning the child. This includes education, medical care, and religious training.
A proposed "Equal Parenting Act" in South Carolina aims to update family law by starting child custody at 50/50 for both parents unless a judge rules otherwise. Supporters argue that children deserve as much time as possible with both parents if they are fit, willing, and able. However, some divorce attorneys express concerns that the bill could make custody cases more expensive and difficult for the child, potentially compromising safety measures. The bill includes safeguards allowing judges to deny 50/50 custody if there's proof of abuse, neglect, or any risk to a child.
