When parents separate, should a child have to choose?

For decades, custody disputes have often been approached as a contest between two parents:Who should get custody?Perhaps we need to ask a different question:What arrangement best serves the child?A child is not property to be divided between parents after a marriage breaks down.And a father does not become a stranger to his child merely because […]

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‘Old Enough’ to Be Heard: Child Agency and Shared Parenting in Pakistani Custody Law

The question of when a child is ‘old enough’ to be heard in custody proceedings is deceptively simple. In Pakistan, Section 17(3) of the Guardians and Wards Act, 1890 permits courts to consider the preference of a minor ‘old enough to form an intelligent preference,’ yet provides no objective criterion for determining when such capacity

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Moving Beyond Archaic Custodial Dichotomies: Shared Parenting Under the Guardians & Wards Act 1890 and Family Courts Act 1964

Dear Esteemed Seniors and Learned Colleagues, The ongoing evolution of family law jurisprudence increasingly challenges our traditional approach to domestic litigation. While Section 5 of the West Pakistan Family Courts Act, 1964 read with its Schedule vests exclusive jurisdiction over child custody, our foundational substantive law remains the colonial-era Guardians and Wards Act, 1890. Despite

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Psychological Impact Of Visitation Denial And Parental Alienation

Introduction Parental alienation constitutes a multifaceted psychological phenomenon that most commonly arises in the context of high-conflict custody disputes. Initially conceptualized by R. A. Gardner as Parental Alienation Syndrome, the construct describes situations in which a child persistently rejects one parent as a result of intense interparental conflict, combined with systematic indoctrination by the favored

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