A Child’s Right to Be Heard: Rethinking Custody Law in Pakistan

 Written by  Habiba Nazir She was only nine, sitting quietly in the corner of the courtroom. Lawyers argued using complicated terms, parents...

 Written by Habiba Nazir

She was only nine, sitting quietly in the corner of the courtroom. Lawyers argued using complicated terms, parents exchanged bitter looks, and the judge flipped through case files. Everyone had an opinion about her future, except her. Nobody asked what she wanted. For decades, this has been the silent reality in Pakistan’s custody battles. Children, whose lives are most affected, have remained voiceless. They have been viewed as objects of parental rights rather than as sentient beings with emotions, desires, and free will.

Finally, that silence has been shattered.

In a landmark ruling, Justice Syed Mansoor Ali Shah of the Supreme Court of Pakistan declared that children must be heard in custody disputes. The judgment moves the law beyond mere technicalities and breathes humanity into it. It recognizes children not as extensions of parental claims, but as independent individuals, possessing rights, voices, and the agency to shape their own futures. deserve attention, rather than just being portrayed as objects and pieces of property.

From Subjective Assessments to Rights-Based Approaches

For many decades, custody dispute matters were guided by "the welfare of the child" language. Even with the welfare of children in mind, it had an impact based on subjective markups made by adults. Justice Mansoor Ali Shah has changed this framework to a rights-based approach, matching it with Pakistan’s commitments under the UN Convention on the Rights of the Child. Now, the focus is not only on what adults think is best but also on what the child feels and expresses. Article 12 of the Convention, long ignored, states that children capable of forming views have the right to express them freely, and those views must be taken seriously. With this judgment, that principle has been integrated into Pakistan’s legal system.

A Child-Friendly Courtroom

The ruling also establishes a new standard for how courts should interact with children. In this case, the judges didn’t just call the minors into a polarised courtroom. When they arrived, the  judge welcomed them, shook hands with either parent, and made sure the children would be in a position to participate in the proceedings. One child was equidistant from both parents, wanting to be with "both Mama and Baba". The other child had developmental issues and was not able to articulate a particular preference. The judge listened closely and ultimately awarded custody to the mother in the short term because she would be the best person to support and manage the children. This was not simply an adjudication, but an act of love.

Mediation and Alternative Dispute Resolution

Another important part of Justice Shah's ruling was the emphasis on mediation. Custody battles can create years of litigation as children suffer with divided families grounded on their parents' conflicts. Justice Shah's award encourages family courts to try mediation and other less adversarial options first, with traditional litigation only as a last resort. It is an important reminder that children do not need winners and losers. They need to be settled and loved.

Why This Is Important

This judgment is about one family, but it is for the future generations of Pakistan and the family law to which it is applied. Pakistani law teaches us:

• Children are not passive; they are dignified persons.

• Courts must be child-friendly spaces, not intimidating places

•  Custody is not a fight to win; it is a duty to be shared.

The Way Forward

This decision deserves recognition, but it must also be fully implemented. Family courts across the country need training to adopt practices that are friendly to children. As parents, it is critical to understand that listening to your children's needs does not mean giving up control; listening to your children is an expression of love. In a setting where the voices of children continue to be undermined, this ruling returns their voice to them. It is now up to the legal community, policymakers, and society at large to ensure that this judgment is not just a one-time event but a stepping stone towards a more humane and child-centered approach to custody disputes.

Disclaimer:

This article was written by the author with limited assistance from AI tools for editing and clarity. All opinions, arguments, and conclusions are solely those of the author.