In Brief
A couple of different nationalities (Indian wife, Kenyan/British husband) disputed custody of their 6-year-old son. The High Court initially referred them to mediation, after which a counsellor submitted a report on the child's welfare. The respondent challenged reliance on this report on confidentiality grounds, and the High Court allowed her review petition, ruling mediation reports must remain confidential. The Supreme Court reversed this, holding that while mediation discussions are confidential, expert reports on child behaviour and welfare in custody matters are not. The Court found an exception to mediation confidentiality exists in child custody disputes, where the child's best interest is paramount and expert assessments are essential aids to the Court's parens patriae jurisdiction.
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