State Must Protect Children in Custody Battles, Court Rules

 

Vulnerable Children in Custody Disputes Need Specialized Judges, Court Says

This court order highlights the state's obligation to protect the rights of children involved in custody disputes between parents. Here are the key points:

• Children's Vulnerability: The order acknowledges the vulnerability of children and the potential for long-term harm from negative experiences during custody battles.

• Inadequacy of Regular Courts: It criticizes the ordinary court system's lack of specialization and potential insensitivity to children's emotional needs.

Need for Child-Friendly Courts: The order emphasizes the need for child-friendly courts with:

• Specially trained judges with expertise in child custody matters.

• Environments catering to children's emotional and psychological well-being.

• Access to professional consultation with psychologists and other experts.

• Constitutional Obligation: The order cites relevant articles of the Constitution that mandate the state to protect children and families.

Actionable Steps: The court directs the registrar to:

• Send copies of the order to relevant authorities, including the president, governors, and judicial academies.

• Encourage the development of specialized training programs for judges and staff handling child custody cases.

• International Obligations: The order mentions Pakistan's obligation under the UN Convention on the Rights of the Child to protect children's welfare.

Overall, this order aims to ensure the state fulfills its responsibility to safeguard the well-being of children caught in custody disputes by creating a more specialized and sensitive legal system for handling such cases.