Pakistani court says child’s choice decisive in custody disputes

LAHORE, Pakistan (MNTV) — The Lahore High Court has ruled that a child’s informed and intelligent preference must be given decisive weight in custody cases, rejecting a father’s bid for custody of his 12-year-old daughter.

The court dismissed a constitutional petition challenging the custody of the 12-year-old girl, holding that a mature child’s stated preference cannot be treated as a procedural formality.

Justice Rasaal Hasan Syed said Section 17(3) of the Guardians and Wards Act, 1890, gives a child who has attained sufficient maturity the legal right to express a custody preference, which courts are bound to consider meaningfully. “The voice of the child lies at the heart of custody determinations,” the judge said.

During an in-camera interaction, the girl clearly expressed her wish to continue living with her maternal grandmother, with whom she has lived since birth. The court noted that the child appeared confident and articulate, felt emotionally secure with her grandmother and expressed discomfort with her father, citing perceived neglect.

The father had sought custody under Section 25 of the Guardians and Wards Act. A guardian judge in Sialkot granted him custody in April 2023, but the district judge later overturned the decision and awarded custody to the maternal grandmother. Both parents have since remarried.

Upholding the appellate court’s ruling, the high court said child welfare is a broad standard encompassing emotional, psychological and developmental well-being, not merely material comfort.

The court cited Supreme Court precedent, reaffirming that hearing a child’s views is both a constitutional requirement and an international obligation.

While maintaining custody with the maternal grandmother, the court directed the father to pay regular maintenance and ordered the trial court to finalize a workable visitation schedule to safeguard the child’s best interests.