Based on your facts, you are proceeding on the correct legal path by considering a petition for permanent custody and modification of the existing arrangement.
To answer your questions clearly and practically:
What you should start gathering as proof
You need to build a record that shows a pattern, not isolated incidents. Useful evidence includes:
• Call logs, screenshots, and recordings showing daily video calls where the child is discouraged from speaking, the camera is deliberately positioned to avoid interaction, or calls are abruptly cut
• Messages or emails where you request proper interaction and bonding and she either refuses, ignores, or responds negatively
• Proof of the child’s earlier life in Chennai — school records, photos/videos showing his social life, peer group, birthday celebrations, extracurricular activities, and emotional bonding with you and extended family
• Evidence of current living conditions in Kerala — that the child is being left with elderly relatives while the mother works full-time, lack of peer interaction, isolation, and instability
• Any messages or conduct showing hostility toward your relationship with the child or attempts to erase your role (including alienation of even the maternal grandfather)
• Medical, behavioural, or school-related indicators if the child’s personality or emotional health has deteriorated (teachers’ remarks, counsellor observations, sudden withdrawal, fear, anxiety, etc.)
Do not worry if you don’t have everything immediately — courts often allow progressive filing of evidence.
Your chances of getting full custody
At five years of age, the “tender years” principle is no longer absolute. Courts now focus on welfare, stability, emotional health, and access to both parents, not just the mother’s custody by default.
Your case has strong points: • An interim custody order already exists in your favour — this shows the court trusts you as a capable parent
• Clear indicators of parental alienation
• The child being socially isolated and emotionally withdrawn
• The mother’s unstable family environment and lack of support system
• You providing a more structured, socially healthy, and emotionally balanced environment
Full custody is not automatic, but either of the following is realistically possible: • Permanent custody to you with structured visitation to the mother, or
• Joint custody with the child’s primary residence shifting to you in Chennai
Courts are increasingly willing to transfer custody where alienation is proven, because alienation itself is treated as emotional abuse of the child.
Approaching the Child Welfare Committee (CWC)
Yes, you can approach the CWC, but this must be done strategically.
You can file a representation to the CWC stating: • The child is being emotionally manipulated
• The child is being socially isolated
• There is denial of a healthy parental relationship
• The child is effectively being raised by elderly caregivers without proper emotional or peer support
The CWC may: • Order a child welfare assessment
• Call for counselling or interaction reports
• Recommend psychological evaluation
• Prepare an independent report
Such a report can be extremely valuable when placed before the Family Court or Guardian Court. However, it is usually best to inform or seek permission from the court or file it as a supportive measure rather than acting completely independently, so that it does not appear adversarial.
Strategic next steps
• File a detailed application seeking modification/enhancement of custody citing parental alienation
• Request a child psychologist or court-appointed counsellor evaluation
• Seek directions for structured, supervised video calls to restore bonding
• Seek a direction restraining the mother from poisoning the child’s mind or interfering with communication
• Gradually move toward a full Guardianship or permanent custody petition with supporting reports
One important thing: never retaliate emotionally, never speak ill of the mother to the child, and always maintain documented calm and child-focused conduct. Courts notice this very closely.
In summary, your concerns are legally valid, your approach is correct, and your chances are real — especially if you document alienation properly and focus the case entirely on the child’s welfare rather than marital fault.
