Abstract
This research explores how technology influences custody decisions, concentrating on India's changing legal framework due to the COVID-19 pandemic. The pandemic sped up the adoption of technology, particularly virtual visitation tools such as video calls, as courts aimed to maintain parent-child connections despite being physically apart. Indian courts, acknowledging the importance of preserving emotional bonds between children and both parents, began to authorize video calls as an alternative to face-to-face visits, especially when travel limitations and health issues rendered physical meetings impractical. Moreover, this research examines if Indian courts regard virtual visitation as a valid or lasting alternative to physical visitation. Indian family law has been careful yet progressively accepting of virtual approaches when in-person visits cannot occur, with courts prioritizing the child’s best interests and emotional requirements in their rulings. This research additionally examines India’s method of utilizing co-parenting apps with those in regions like the U.S. and the U.K. In nations like the U.S., co-parenting apps such as OurFamilyWizard are commonly incorporated into legal proceedings, with courts frequently requiring their use in contentious custody situations. Conversely, India has yet to implement a formal, countrywide policy on co-parenting apps, although they are gradually becoming acknowledged in specific scenarios. This research concludes that although India is just beginning to incorporate technology into family law, these resources have great potential to decrease disputes and enhance child welfare, similar to the systems in the U.S. and U.K.
Key words: Virtual Visitation, Co-Parenting Apps, Child Custody, Indian Family Law, Technology in Custody Arrangements