Do teens have more say in custody cases?

In Child Custody Laws in Pakistan, one of the most commonly asked questions is whether teenagers have a greater say in determining which parent they will live with. As children grow older and become more mature, their wishes and preferences naturally become more relevant. In legal terms, this question involves the child’s voice in court and how it is balanced with the broader principle of the child's best interests. Pakistani law, influenced by the Guardian and Wards Act, 1890, and Islamic principles, takes a nuanced approach to this issue.

Legal Basis for Considering the Child’s Wishes

Under the Guardian and Wards Act, 1890, the primary consideration for courts in all custody matters is the welfare of the minor. Section 17(3) of the Act explicitly states that, "If the minor is old enough to form an intelligent preference, the court may consider that preference." This provision becomes increasingly relevant as the child enters teenage years and is capable of reasoning and expressing a choice.

Although this does not mean that a teenager can decide custody, it does mean that their opinion carries weight, especially when they are mature enough to understand the implications of their choice.

Age and Maturity: The Key Factors

There is no fixed legal age in Pakistani law at which a child's preference becomes binding or decisive. Instead, the maturity of the child is assessed on a case-by-case basis. Generally, courts begin to give more importance to the child’s views around the age of 12 to 14, but this can vary. For example:

• A 15-year-old who understands family dynamics and education-related concerns may be allowed to express a preference.

• A 17-year-old nearing adulthood may be given significant autonomy in choosing their residence.

On the other hand, a 13-year-old who shows signs of being easily influenced or manipulated may be given less weight in decision-making.

How Courts Hear Teenagers

Pakistani courts often interview teenage children privately, in the judge's chambers, to avoid undue pressure from either parent. This practice allows the child to speak freely without fear or influence. The court may ask questions related to:

• Which parent the teen wishes to live with

• Reasons for their preference

• Their relationship with both parents

• Schooling and social life

• Future aspirations and whether a parent supports them

The judge uses these answers to assess both the child's maturity and the sincerity of their choice.

Teen’s Choice vs. Best Interests

While courts may take a teenager’s preference into account, it is not the only factor. A child’s expressed wish will be balanced against other considerations, such as:

• The character and conduct of each parent

• The emotional and physical well-being of the child

• Stability in schooling and living arrangements

• Any history of abuse, neglect, or parental alienation

For example, if a teen expresses a preference for a parent with a history of neglect or substance abuse, the court may override the teen’s choice in the interest of their welfare.

Impact of Teen Influence or Manipulation

A frequent concern in custody battles involving teenagers is parental manipulation. Sometimes a parent may try to turn the child against the other parent by offering gifts, privileges, or emotionally charged narratives. Courts are aware of this possibility and evaluate whether the teen’s preference is genuinely formed or the result of coercion or alienation.

Judges may seek psychological evaluations or involve child welfare officers to help assess the child’s mindset in such cases.

Visitation Rights and Teen Autonomy

Even when the teen is not given full control over custody decisions, their preferences often influence visitation schedules. For example:

• Courts may allow teens to decide how frequently they want to visit the non-custodial parent.

• Teens may be permitted to stay longer during holidays with the parent of their choice.

• In some cases, teens are allowed to split time between both parents based on school schedules and social commitments.

The court acknowledges that forcing a teenager to spend time with a parent they dislike may be emotionally harmful or counterproductive.

Changing Custody as Teens Grow

Child Custody Laws in Lahore arrangements are not always fixed. As children grow and mature, they may petition the court for a change in custody. A teenager who was previously living with one parent may later wish to live with the other. If their reasoning is sound and circumstances have changed (e.g., improved financial status or emotional stability of the other parent), the court may grant the change.

Conclusion

In conclusion, teenagers do have more say in custody cases in Pakistan compared to younger children, but their wishes are not absolute. Courts take the teenager’s maturity, sincerity, and best interests into account while considering their preference.  The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes. While teens may not have the final say, their voices are heard, and in many cases, respected. The legal system recognizes that teenagers are at a pivotal stage in life and that their emotional and psychological well-being must be safeguarded—often by letting them participate in decisions that shape their future.