What Role Does a Child’s Voice Play in Custody Decisions?

Hamza and Hamza
2 days ago
3 min read

Child Custody Laws in Pakistan cases often revolve around legal technicalities, parental rights, and religious norms. But a question that frequently goes unasked is: what role does the child’s voice actually play in these decisions? While laws like the Guardians and Wards Act of 1890 and the Family Courts Act of 1964 provide legal structure for determining custody, they remain largely parent-centric. The evolving global trend emphasizes child-centric justice—placing the child’s wishes and psychological needs at the heart of the matter. Is Pakistan’s legal framework ready to follow this shift?

Understanding the Legal Framework

Child custody laws in Pakistan are governed primarily by the Guardians and Wards Act, 1890, which empowers family courts to appoint a guardian for a minor based on their best interests. The Family Courts Act, 1964 outlines the procedures for handling such cases. Additionally, Islamic principles heavily influence court decisions, particularly in matters concerning the age-based rights of mothers and fathers under the doctrine of Hizanat.

Traditionally, a mother has the right to physical custody of:

Sons up to the age of 7
Daughters until they reach puberty

However, the father remains the legal guardian (Wali) in most cases, often making final decisions on issues like education, religion, and financial matters.

The Silent Stakeholder: The Child

Despite being the very subject of the legal battle, the child’s voice is often absent or marginalized in Pakistani custody proceedings. The phrase “best interest of the child” is repeated in nearly every case, yet its interpretation remains largely adult-driven. Courts may consult psychologists or social welfare officers to assess a child’s emotional state, but direct input from the child is not a legal requirement—especially for younger minors.

International child rights frameworks, such as the UN Convention on the Rights of the Child, advocate for the child’s right to be heard in judicial proceedings affecting them. Pakistan ratified this convention in 1990, but its principles are yet to be fully reflected in domestic custody laws.

Age and Maturity: When Does a Child's Opinion Count?

In some recent judgments, Pakistani courts have begun to consider the wishes of older children—especially teenagers who demonstrate maturity and clarity under Child Custody Laws in Pakistan. However, there is no standardized legal threshold for when a child's preference becomes decisive. This creates inconsistency and leaves many children powerless in shaping their own future.

For example, a 10-year-old boy may express a strong desire to live with his mother due to emotional attachment or mistreatment by the father, but unless there’s compelling evidence of abuse or neglect, the court may still follow the traditional age-based custody norms.

Psychological Impact of Ignoring the Child’s Voice

Ignoring a child's preference can have serious psychological consequences. Children may experience anxiety, depression, or emotional detachment from the custodial parent if they feel unheard. This emotional toll can extend well into adulthood, affecting their personal relationships and mental health.

A more child-centered approach would involve mental health evaluations, age-appropriate interviews, and continuous observation to determine the child’s true needs—not just their surface-level wants.

Moving Toward a Balanced Approach

Reforming child custody laws in Pakistan doesn’t mean disregarding religious or cultural values; it means aligning them with evolving societal needs. Courts must strike a balance between parental rights and the child’s emotional and psychological welfare. Establishing legal provisions that allow for the child’s participation—especially when they are mature enough to understand the implications—would be a step toward more balanced and humane custody decisions.

Conclusion: Legal Support That Prioritizes the Child

Understanding and navigating Child Custody Laws in Pakistan is not just a matter of legal knowledge; it requires sensitivity, foresight, and a firm belief in protecting the child’s long-term interests. Hamza & Hamza Law Associates stands out in this regard, offering dedicated legal representation that emphasizes both parental rights and child welfare. With a team experienced in complex custody matters, they help families move toward solutions that prioritize compassion, legality, and most importantly—the child’s future.

In child custody disputes, it’s not just about winning a case—it’s about securing a child’s emotional security and voice in their own destiny.