Psychological evaluation of children in custody disputes must involve ‘minimum intrusion’, says Supreme Court

Published 11 June 2026 · politics

The Supreme Court on Thursday (June 11, 2026) held that psychological assessments of children should only be conducted when necessary and with “minimum intrusion” into

The Supreme Court on Thursday (June 11, 2026) held that psychological assessments of children should only be conducted when necessary and with “minimum intrusion” into the child’s life in custody disputes, particularly in cases where the child is an alleged victim of sexual abuse. The appeal was filed by the mother of a 10-year-old child against orders of the Bombay High Court appointing a panel of experts to assess the child and facilitate restoration of her relationship with her father. The father is alleged to have sexually abused the child when she was two years old. A Division Bench of Justices Sanjay Karol and N.K. Singh observed that the case involved balancing the father’s request to reconnect with his daughter and the need to protect the child, who has accused him of sexual abuse, from any process that could aggravate her trauma. Referring to the objectives of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), the court noted that the legislation proceeds on the foundational premise that a child who has allegedly suffered sexual abuse must not be exposed to processes capable of causing further emotional harm, humiliation or secondary victimisation.

‘Well-being of child paramount’ Cautioning Family Courts against routinely directing psychological evaluations of children, the Supreme Court said the welfare, emotional security, dignity and psychological well-being of the child must remain the paramount consideration in all proceedings, particularly those involving a minor child alleged to be a victim under the POCSO Act. Instead of immediately directing an assessment of the child, the Bench ordered the Family Court to first appoint a psychologist to assess the mental and psychological condition of both parents, particularly the mother, in whose custody the child presently resides. The court-appointed psychologist will then interact with the psychologist currently treating the child and submit a report to the Family Court. Based on these reports, the Family Court will determine whether any further psychological assessment of the child is necessary. If such an assessment is required, it must be conducted by a single independent child psychologist with minimal interaction so as not to disturb the child. The Supreme Court further directed periodic review of the child’s psychological needs and asked the Family Court to monitor whether either parent is influencing the child through “parental alienation” or “false memory creation”, without subjecting the child to unnecessary interactions.