Who determines what is in the child’s best interest?

 In  Child Custody Laws in Pakistan  whether during divorce or separation, the most important guiding principle in Pakistani family law is the "best interest of the child." But a key question arises: Who decides what exactly constitutes a child’s best interest? Is it the parents, the court, or some other authority?

In Pakistan, it is ultimately the Guardian Court—a specialized branch of the Family Court—that has the legal authority to determine what is in the best interest of the child. However, the court’s decision is based on a combination of legal provisions, factual circumstances, expert input, and sometimes even the child’s own opinion.

Legal Framework

The primary law governing child custody in Pakistan is the Guardian and Wards Act, 1890. Under this law, the court is empowered to appoint a guardian for the person or property of a minor. While making this decision, Section 17 of the Act directs the court to prioritize the "welfare of the minor" over all other considerations.

The law does not provide a rigid definition of “best interest” or “welfare,” which gives the court flexibility to assess each case individually. The concept includes emotional, physical, moral, educational, and sometimes even religious well-being.



The Role of the Guardian Court

It is the judge of the Guardian Court who ultimately decides what is in the child’s best interest. The court conducts hearings, listens to both parents, reviews evidence, and then makes a decision that serves the child’s welfare.

The court considers:

  • The age and gender of the child

  • The moral and financial standing of each parent

  • The emotional bond between the child and each parent

  • The home environment and living conditions

  • The child’s routine, schooling, and healthcare

  • Any history of abuse, neglect, or violence

No single factor is decisive. Instead, the court evaluates the totality of circumstances to determine what arrangement will best support the child’s healthy development.

Can the Child Decide?

In some cases, especially where the child is older—generally above the age of 9 or 10—the court may take into account the child’s own preference. However, this preference is not binding. It is just one of many factors the court will consider.

For example, a child may express a desire to live with one parent, but if that parent has a history of substance abuse or domestic violence, the court may override the child’s wish in the interest of safety and stability.

What About the Parents’ Wishes?

Parents may come to court with strong opinions about what is best for their child. While their input is valuable, their preferences are secondary to the child’s welfare. The court does not favor one parent over the other based on gender or social role (e.g., mother as caregiver, father as provider); instead, it evaluates who is more capable of meeting the child’s emotional and physical needs.

Parents are encouraged to provide:

  • Evidence of involvement in the child’s life

  • School and medical records

  • Proof of a stable income and living conditions

  • Statements from teachers or caregivers, where relevant

Can Experts Influence the Court’s Decision?

Yes. In some complex cases, the court may seek help from child psychologists, social workers, or welfare officers. These professionals may assess:

  • The child’s psychological state

  • Signs of emotional manipulation or parental alienation

  • The impact of custody changes on the child’s development

The court may also direct a Child Welfare Officer to visit the homes of both parents and prepare a report about living conditions, child-parent bonding, and overall environment.

While these reports are not legally binding, they often carry significant weight in the court’s final decision.



Temporary vs. Permanent Custody Decisions

In many cases, Child Custody Laws in Lahore the court initially grants temporary custody until the full facts are available. This helps prevent disruption in the child’s life during the legal process. Once all evidence is reviewed, a permanent custody decision is made in line with the child’s long-term welfare.

However, even permanent custody orders are not absolute. If circumstances change (e.g., a parent remarries, relocates, or becomes unfit), the other parent can petition the court for modification. Again, the child’s best interest remains the court’s central concern.

Conclusion

In Pakistan, it is the Guardian Court that has the final authority to determine what is in the child’s best interest during custody proceedings. This decision is not based on rigid rules or parental preferences but on a careful, fact-based evaluation of the child’s physical, emotional, moral, and developmental needs.The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes. While parents, experts, and even the child may contribute to the process, the court’s role is to look at the bigger picture and make a decision that ensures the child’s welfare above all else. In any custody matter, parents should remember that cooperation, stability, and prioritizing the child’s needs are more likely to lead to favorable outcomes than conflict or blame.

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