The Supreme Court of Pakistan has authoritatively reaffirmed that in all custody and guardianship matters, the best interests of the child constitute the paramount consideration. In a judgment authored by Justice Syed Mansoor Ali Shah, the Court emphasised that this principle must be applied through a child-centred and rights-based framework, requiring courts to move beyond procedural formalities and undertake a holistic assessment of the child’s emotional, psychological, and developmental needs.
The Court further held that the right of a child to be heard in judicial proceedings affecting them is not merely aspirational but a binding legal obligation, grounded in the United Nations Convention on the Rights of the Child (CRC). Accordingly, where age and maturity permit, courts must ensure that children are afforded a safe and meaningful opportunity to express their views, and such views must be given due weight in accordance with their evolving capacities.
Importantly, the Supreme Court recognised children as independent rights-bearing individuals, entitled to dignity, protection, and participation in proceedings that affect their lives. This requires courts, particularly family courts, to adopt a child-friendly and participatory approach, ensuring that the process itself does not cause harm and that the child’s welfare remains central at every stage.
In applying these principles, the Court also observed that a mother is often uniquely positioned to provide emotional stability, intuitive care, and a nurturing environment, particularly where children have special needs. It clarified that the status of a mother as a working professional does not detract from her suitability as a custodial parent, but may instead reflect her resilience and commitment to the child’s welfare, though each case must ultimately be decided on its own facts.
In light of the above, it is respectfully submitted that this Honourable Court must determine custody strictly in accordance with the best interests and welfare of the child, ensuring that the child’s voice is heard where appropriate, and that priority is given to the parent best able to provide a secure, stable, and nurturing environment conducive to the child’s overall development and dignity.
Human Rights, juvenile justice, child protection, and child development consultant
Registered Foreign Lawyer (SRA) of England & Wales.
Advisory Committee Member at The National Commission of Human Rights
Chairman, Child Protection Committee of Lahore Bar Association. Pakistan.
Cell:0092-333-4639652 , 0092-300-4254329
