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Report No. 257

VII. Decision Making

(1) An order for custody of a child made by the court under Chapter IIA shall clearly address the following issues, amongst others:-

a. the religious instruction of the child, attendance at places of worship, undergoing religious ceremonies, and related matters;

b. the choice of school, subjects, classes, courses, and tuition, and whether the child is to attend a particular school trip outside the local area;

c. whether the child is to be hospitalized, and whether a non-emergency surgical procedure is to be performed on the child;

d. the choice of extra-curricular activities, taking into consideration the child's interests and aptitude; and

e. where the child will spend holidays, and in cases where required, the information that one parent has to provide to the other parent.

(2) The court can either make a specific decision (e.g., the child will attend a given school) or allocate decision-making responsibility for a given issue to one parent or both together.

Reforms in Guardianship and Custody Laws in India Back

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