- 19-Sep-2025
- Elder & Estate Planning law
Custody transfers refer to the exchange of a child between parents or guardians as part of a custody arrangement after a divorce or separation. In cases where there are concerns regarding the safety of the child or any potential conflict or violence during the transfer, the police can intervene to ensure a peaceful and secure exchange. The Indian police play an important role in facilitating safe custody transfers when the situation involves threats of harm, violence, or other unsafe circumstances. The intervention is typically based on a family court order, which may include specific instructions for police assistance.
When there is a custody dispute or concerns about violence during the custody transfer, either parent can request police protection from the family court. The court, after reviewing the situation, may issue an order directing the police to assist in the safe transfer of the child. This order may specify the location, time, and circumstances under which police presence is required.
Police protection is typically sought in the following cases:
In certain cases, police officers may be present at the custody exchange point to ensure that both parents act within the law and that the child is handed over peacefully.
In some situations, police may direct the custody transfer to take place at a neutral location (such as a police station) to reduce the risk of conflict. The police are present to supervise the transfer and ensure that no harm comes to the child or the parents.
If necessary, the police can escort the child between the parents to ensure that the process goes smoothly and no one tries to prevent the transfer or cause harm.
If there is an ongoing custody dispute or if a parent believes that their custody rights are being violated, they can petition the family court to seek police assistance. The family court may order the police to facilitate the custody exchange in a safe and secure manner. The police will typically follow the guidelines provided by the court, including time, place, and conditions for the transfer.
A parent who feels unsafe or who has concerns about the transfer can file a petition in the family court, requesting police protection during the custody exchange.
The family court will conduct a hearing to assess the safety risks and decide whether police protection is warranted. If the court finds a legitimate threat or concern, it will issue a police protection order.
Once the court issues the order, the custodial parent can then approach the local police station, provide the court order, and arrange for police supervision during the custody exchange.
The police act as neutral third parties and are not involved in the custody dispute itself. Their role is to ensure that the custody transfer takes place without any conflict or harm.
If one parent refuses to hand over the child or tries to take the child without consent, the police can enforce the court order by taking appropriate action, including arresting the non-compliant parent if necessary.
Under Section 97 of the CrPC, a person can seek police assistance if they believe that a child has been unlawfully confined or detained by a parent or guardian. If one parent refuses to hand over the child during a custody transfer, the other parent can file a petition under Section 97 to request police intervention.
Under Section 12, if a parent refuses to comply with the custody order of the family court, the custodial parent may approach the court to enforce the order. If necessary, the court may direct the police to ensure the return of the child.
In cases where there is a history of domestic violence or threats, the Protection of Women from Domestic Violence Act, 2005 allows the aggrieved parent to seek protection orders, which may include police assistance during custody exchanges to prevent harm.
The family court can issue a specific order for police protection in case of high-risk custody exchanges. The order will include the time, place, and conditions for the police to be involved in the process.
Suppose a mother and father are going through a custody battle, and there is a history of domestic abuse by the father. The mother has primary custody, but the father is attempting to take the child during a scheduled custody transfer. The mother, fearing for her safety, requests police protection through the family court.
The mother files a petition in the family court requesting police protection for the custody exchange.
The court grants the request and issues an order for police supervision during the transfer.
On the day of the transfer, the local police station arranges for officers to be present at a neutral location (e.g., police station) to oversee the transfer and ensure no harm comes to the mother or the child.
The child is transferred to the father under the watchful eyes of the police, ensuring safety and compliance with the court’s orders.
Answer By Law4u Team
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