Authority: Supreme Court of India

Order Date: 11-08-2026

Case Overview

  • Parties: Helena Anna Maria Lersch (German citizen, Vice President – Public Policy, TikTok, Singapore) and her partner, a practising lawyer and partner of PLR Chambers, Delhi.
  • Child: Born 15‑07‑2022; currently about four years and one month old.
  • Background: The parents are unmarried. The mother filed writ proceedings before the High Court of Bombay at Goa Bench in February 2026 seeking access to the child; the High Court initially granted a 10‑day access and later extended it. In April 2026 the father filed a petition under the Guardians and Wards Act, 1890 before the District Judge, South 24‑Parganas, Alipore, seeking custody.
  • Contentions: Mother seeks custody and permission to relocate the child to Singapore for schooling; father seeks custody in India, claiming the child’s habitual residence is India.
  • Court’s Considerations: Best interests of the child, maternal affection, paternal affection, physical and mental conditions of all parties, and the impact of prolonged separation from either parent.

Final Outcome

1. Expert Assessment: The Court directed the National Institute of Mental Health and Neurosciences (NIMHANS), Bengaluru, to constitute a panel of child psychologists/behavioural specialists to evaluate the comparative psychological impact of the child residing with the father in India versus with the mother in Singapore. The panel may interview the child, parents, and nannies (Kusum and Anu), and may visit relevant locations in India or Singapore. A German‑speaking interpreter shall be provided.

2. Report Timeline: NIMHANS must submit its sealed report within 2–3 weeks of the order, with possible extension communicated through learned ASG Ms. Aishwarya Bhati.

3. Interim Custody: Interim custody remains with the mother while she is in India. If the mother leaves India, interim custody reverts to the father until the mother returns.

4. Visitation: The non‑custodial parent shall have reasonable and meaningful access, including video‑conferencing and periodic visits, as feasible.

5. Financial Contributions: Each parent shall deposit Rs 2 lakhs with the Court Registry within two days to cover NIMHANS expenses. Additional costs, if any, shall be deposited as directed by NIMHANS.

6. Passport Directions: Mother’s passport to be returned; child’s passport to remain with the Court Registry. The earlier interim direction restraining removal of the child without Court leave remains in force.

7. Procedural Submissions: Parties may submit a written synopsis (max 3 pages/2000 words) and a concrete custody proposal to the NIMHANS Board within two days.

8. Transfer of Guardianship Petition: The pending Guardians and Wards Act petition (Act VIII Case No. 69 of 2026, R‑69) in Alipore shall be transferred to an appropriate Delhi court. The Chief Justice of the High Court of Delhi is to assign the matter, and the Alipore court shall forward the records promptly.

9. Future Hearing: Parties may appear (or not) on 14‑08‑2026 at 2:00 p.m. to update the Court on steps taken.

Topics: Child Custody, Cross‑border Family Law