Saya & Associates
Child visitation schedules in India: drafting a parenting plan
"Alternate weekends" is not yet a schedule
Consider an arrangement that says only "alternate weekends". One parent expects collection after school on Friday; the other expects it on Saturday morning.
A school holiday then raises a second question: does the holiday plan or the weekend cycle come first?
A detailed parenting plan reduces that uncertainty. It should not leave the child to resolve what the adults left undecided. This example is illustrative, not a client matter.
What the law says about visitation
| Source | What it provides |
|---|---|
| Hindu Marriage Act, 1955, section 26 | In proceedings under the Act, the court may make interim and final orders on custody, maintenance and education, consistently with the children's wishes wherever possible, and may later revoke, suspend or vary them |
| Guardians and Wards Act, 1890, section 17 | The court is guided by the minor's welfare, and may consider the preference of a child old enough to form an intelligent one |
| Yashita Sahu v State of Rajasthan (2020) | Courts should clearly define the nature, manner and specifics of visitation, and deny contact only in extreme circumstances, with reasons |
| Family Courts Act, 1984, section 9 | A Family Court must first try to assist and persuade the parties to reach a settlement |
Which provision applies depends on the parties' personal law and the proceeding. For the welfare factors in more detail, see our guide to interim custody.
How the Supreme Court approached distance
In Yashita Sahu, the Supreme Court observed how visitation normally works as the distance between the parents grows:
| Where the parents live | What the Court observed |
|---|---|
| The same town or area | Visitation is normally over weekends |
| At a distance | Long weekends, breaks and holidays, so frequent travel does not disrupt school |
| Different continents | Maximum visitation for the parent without custody |
| In every case | Contact by phone or video call; normally five to ten minutes every day |
These are observations about typical cases, not a fixed rule for every family. They are a sensible starting point when testing whether a proposed schedule fits the child's school and travel.
Make handovers specific
Where contact is appropriate, write down the time and place of collection and return, who provides transport, and which adults may carry out the handover.
Check the child's actual routine. A place that looks convenient on a map may mean a long journey after school. Allow for rest, lessons and health needs.
Plan for foreseeable disruptions: traffic, a delayed train, a school closure or an authorised adult falling ill. Agree how the parents will tell each other, and how late is too late.
Where an order requires supervised contact or a particular venue, build the schedule around it. Do not replace those terms informally with something more convenient.
Decide how holidays fit the weekly pattern
A plan can have a regular schedule and a separate holiday schedule. Say which one takes priority, and when the regular cycle resumes after a break.
Use the school calendar, not general expectations. Include festivals, birthdays and important school events where they matter, and think about the child's experience rather than identical hours for each parent.
A holiday allocation is not permission to travel abroad or relocate. If travel is proposed, check consent, documents and any court permission first.
For a longer move, see our guide to moving with a child during separation.
Plan calls around the child's day
Agree a realistic window for calls or video calls, and which adult helps a younger child connect. Allow for school, homework, bedtime and any time difference.
In Yashita Sahu itself, the Court fixed a daily video call at a set time: at least 10 minutes on weekdays and 15 minutes at weekends. Precision of that kind prevents arguments about missed calls.
Parents should use one agreed channel where it is safe to do so, and keep messages practical. Do not use the child to carry complaints, gather information or negotiate the schedule.
Illness, emergencies and missed time
A child may be unwell on a contact day. Agree how the parents will share the information needed to decide, following medical advice and any court direction.
A plan can include a way to arrange replacement time. It should not force extra travel or a disruptive schedule regardless of the child's condition.
Say how urgent medical information will reach the other parent. Do not make timely treatment depend on settling a parental disagreement first.
Changing the plan or the order
An agreed one-off swap is different from changing a court order. Section 26 of the Hindu Marriage Act lets the court revoke, suspend or vary its custody orders, so a lasting change needs an application to the court.
Wilful disobedience of a court order is civil contempt under section 2(b) of the Contempt of Courts Act, 1971. Under section 12, it can be punished with simple imprisonment for up to six months, a fine of up to Rs 2,000, or both.
So follow the order as it stands until the court changes it. Keep a factual record of proposals and responses, written to resolve problems, not to monitor or provoke the other parent.
A parenting-plan checklist
| Topic | Detail to settle |
|---|---|
| Regular contact | Days, start and end times |
| Handovers | Place, transport and authorised adults |
| Holidays | Priority over the weekly pattern, and when it resumes |
| Calls | Windows that fit school, bedtime and time zones |
| Illness or emergency | How information is shared and decisions made |
| Changes | Notice, written confirmation and when a court application is needed |
| Safety | Supervision, protective directions and safe communication |
The checklist is a preparation tool, not a model court order. Where there are concerns about violence, coercion or removal of the child, raise them privately with your lawyer first; an ordinary template does not address them.
Drafting the schedule
- Collect the orders. Read every interim and final order on custody, visitation, travel and supervision.
- Map an ordinary week. Note school hours, travel times, activities and who is available each day.
- Fix the handovers. Set the time, place, transport and the adults permitted to collect the child.
- Add the holiday calendar. Use the school calendar to show how breaks, festivals and birthdays override the weekly pattern, and when it resumes.
- Set the contact routine. Agree call or video windows that fit the child's day and any time difference.
- Agree how changes are made. Record how one-off swaps are confirmed, and when a court application is needed instead.
Frequently asked questions
Is alternate-weekend contact compulsory in India?
No. There is no fixed formula. In Yashita Sahu (2020), the Supreme Court observed that weekend visitation is normal where parents live in the same town, and long weekends, breaks and holidays where they live far apart.
How much phone or video contact is normal?
In Yashita Sahu, the Supreme Court said that unless there are special circumstances, the parent without custody should be able to talk to the child for five to ten minutes every day.
Does the child decide the schedule?
No. Under section 17(3) of the Guardians and Wards Act, the court may consider the preference of a child old enough to form one, but welfare decides. Do not pressure a child to choose between parents.
Can parents change a visitation order by agreement?
A one-off practical swap can be agreed, but a lasting change to a court order needs the court. Section 26 of the Hindu Marriage Act lets it revoke, suspend or vary custody orders.
What if the other parent does not follow the visitation order?
Keep a dated, factual record and take advice. Wilful disobedience of a court order is civil contempt under section 2(b) of the Contempt of Courts Act, 1971, and the court can also be asked for clearer directions.
The takeaway
Walk through an ordinary school week, one holiday and one foreseeable disruption. If the plan tells both adults what to do without involving the child, it is ready to discuss.
To discuss a visitation schedule, contact Saya & Associates with the current order, the school calendar and the next hearing date.
This article provides general information on Indian family law as at 22 October 2026. The right arrangement depends on the child's circumstances and safety, the personal law and any court orders. It is not legal advice.
Sources
- Hindu Marriage Act, 1955, section 26 (Indian Kanoon)
- Guardians and Wards Act, 1890, section 17 (Indian Kanoon)
- Family Courts Act, 1984, section 9 (Indian Kanoon)
- Contempt of Courts Act, 1971, section 2 (Indian Kanoon)
- Contempt of Courts Act, 1971, section 12 (Indian Kanoon)
- Yashita Sahu v State of Rajasthan, Supreme Court of India, 20 January 2020