ISLAMABAD: The Supreme Court has ruled that all courts, especially family courts and district judiciary judges, must listen to and respect the voice of the child in every custody and guardianship case.
In a 12-page order on a review petition filed by a father in a custody dispute, the court emphasized that this is a binding obligation under the UN Convention on the Rights of the Child (CRC), not just an aspirational goal.
The court cited Article 3 of the CRC, which mandates the best interests of the child as a primary consideration, and Article 12, which guarantees every child the right to express their views freely in matters affecting them, with weight given according to their age and maturity.
The judgment noted that earlier proceedings had failed to provide children an opportunity to be heard, undermining constitutional protections and international commitments.
To correct this, the court personally interacted with both children involved to assess their emotional well-being, comfort, and preferences.
The bench stated that courts must treat children as rights-bearing individuals whose dignity should be protected throughout judicial processes.
It recommended prioritizing Alternative Dispute Resolution (ADR), especially mediation, in family disputes to reduce conflict and psychological burden on children, while promoting parental cooperation and faster resolution.
The court urged family courts and guardianship tribunals to adopt mediation as the first step where parties are willing, reserving adjudication for cases where mediation fails or is unsuitable due to safety or power imbalance concerns.
This approach aligns with both international obligations under the CRC and the constitutional commitment to safeguard every child’s welfare and dignity.
