Can a Parent Seek Interim Visitation Rights While a Custody Case Is Pending?

Yes. A parent can generally ask the court for interim visitation rights while a child custody case is still pending. Such an arrangement is temporary and is intended to address the child’s contact with the parent until the court makes a final determination regarding custody.

Under Section 12 of the Guardians and Wards Act, 1890, the court has power to make interlocutory orders concerning the temporary custody and protection of a minor. This provision can be relevant when a court is considering temporary arrangements during pending guardianship or custody proceedings. 

What can interim visitation include?

Visitation does not necessarily mean transferring custody of the child to the other parent. Depending on the circumstances, a court may consider arrangements such as:

• meeting the child on specified days;
• spending a specified number of hours with the child;
• visitation at a neutral or court-approved location;
• supervised visitation where circumstances require it;
• telephone or video communication;
• weekend access; or
• other arrangements considered appropriate for the child.

The Supreme Court has itself passed interim and continuing arrangements involving physical as well as virtual interaction between a parent and child. In one 2025 matter, the Court permitted virtual interaction twice a week and in-person visitation for one day every weekend. 

What does the court consider?

The central consideration in custody and visitation matters is generally the welfare and best interests of the child. The court may consider the child's age, educational schedule, existing relationship with each parent, practical circumstances, safety concerns and other relevant facts.

The court may also structure visitation carefully where there is significant conflict between the parents. Recent Supreme Court proceedings demonstrate that courts may create specific arrangements for access rather than treating visitation as an all-or-nothing issue. 

The child's welfare remains important even when the parents have competing claims. In appropriate cases, the court may also interact with the child or consider circumstances surrounding the child's relationship with both parents.

How can a parent seek interim visitation?

A parent can generally place an appropriate interim visitation application before the court dealing with the custody proceedings. The application should clearly explain:

• the existing custody arrangement;
• the relationship between the parent and child;
• the visitation being requested;
• why interim access is necessary;
• the proposed days, timings and location; and
• any practical arrangements concerning school, travel and handover.

Supporting documents may be relevant depending on the circumstances.

Importantly, the court may modify an interim arrangement as circumstances change. In a 2025 Supreme Court matter, the visitation arrangement was altered during the pendency of the custody proceedings, demonstrating that interim access can be adjusted by the competent court.

What if the other parent refuses access?

A parent should generally avoid taking unilateral steps to remove or retain the child contrary to an existing court arrangement. If agreed visitation is not being facilitated, the appropriate course may be to bring the issue before the court and seek suitable directions.

Adv. Anupam Kumar Mishra can assist in examining the existing custody proceedings, proposed visitation schedule, previous orders and relevant circumstances for an appropriate interim access application.

If a custody case is already pending and one parent has little or no contact with the child, the precise relief should be framed around the child's welfare and practical feasibility. Adv. Anupam Kumar Mishra can assist with understanding the procedural options and preparing the relevant application based on the facts.

For general legal information or to discuss whether professional legal assistance may be relevant to your circumstances, you may contact :

Adv. Anupam Kumar Mishra

Advocate | Supreme court of India
WhatsApp: +91-9051112233

Legal outcomes depend on the child's circumstances, evidence, applicable law and procedural history. This content is intended for general legal information and does not by itself constitute legal advice for a specific matter.

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