Can child custody orders be changed or modified?

You must have watched the movie ‘Akele Hum Akele Tum’ where the protagonists Kiran and
Rohit contest a case for the custody of their child Sonu. Spoilers alert:

The court grants the custody to Kiran and eventually things take a turn for the better and the
family reconciles.

Wait a second- What about the custody order? Did it change or modify? Is that even
possible?

While the mainstream cinema ignores to answer the real questions, let’s find out the answer
through set precedents.

To answer the question- Yes, it is possible to modify or change custody orders but the non-
custodian parent needs to show that there has been substantial change in the circumstances
surrounding the child.

Life is not a movie. If the parents have reconciled, like the case in hand (read: Akele Hum
Akele Tum) it wouldn’t be that much of an issue to modify the custody order since the key
factor is to decide what’s in the best interest of the child. In real life though, happy endings
are a rarity.

The substantial change can be good or bad. For example, a non-custodian father who used to
be an alcoholic has reformed drastically and earns a good income, enough to provide proper
care to the child. Or, a custodian mother has become a drug addict and neglects the child,
creating a harmful environment for the child.

The Supreme Court of India, in a recent judgment1 showed a green signal to challenge the
custody order if the child’s welfare is at risk. It also gave the power to the uninvolved parent
to approach the court to quash, change or modify its orders if the best interests of the child so
indicate. If a person is genuinely concerned for the welfare of the child, he/she can question
the custody order.

Always remember that you have the power to make or break your kids’ childhood. Do what’s
in their best interest!

1
ABC vs. The State (NCT of Delhi) 2015 SCC 609