The Lahore High Court ruled that the emotional stability of a child must outweigh all other claims in custody disputes. The decision came during a complex case involving a 13-year-old boy who lived with his adoptive parents for most of his life. The court stressed that a child’s preference and psychological comfort play a decisive role in determining custody.
Child Chooses to Stay With Adoptive Parents
The boy had been adopted as an infant. He was six months old when his biological parents allowed the adoption. He later spent nine years with the adoptive family. According to the court, he developed strong emotional ties during this period. When asked by the judge, the child clearly stated that he wanted to remain with his adoptive parents. Therefore, the court gave significant weight to his preference.
Trial Court Order Reversed After Detailed Review
A lower court had previously ordered the boy to return to his biological parents. However, the High Court overturned this ruling after re-evaluating the child’s well-being. During the proceedings, the child stayed with his biological parents for one week. Yet, after returning to court, he again requested to remain with the adoptive family. The High Court considered this choice a crucial indicator of his mental and emotional comfort.
Judge Questions Stability in Biological Home
The court also noted concerns regarding the biological father’s household environment. According to the judgment, the father had three marriages and thirteen children. The judge questioned whether such a large and unfamiliar family could provide emotional stability to the boy. The court believed that shifting him into a household he barely knew could cause distress.
Emotional Impact Considered Critical
The judgment highlighted the emotional shock the boy experienced. He spent his entire childhood believing the adoptive family was his real family. Suddenly learning he belonged to another household caused deep confusion. The court stated that this emotional turmoil had to be taken seriously. The child’s feelings and mental health had to be prioritised.
Legal Principle Reinforced: Child’s Welfare Comes First
While biological parents usually hold primary custody rights, the court stressed that each case requires an individual assessment. The welfare of the child must always be central. The decision reaffirmed that the child’s own opinion carries substantial weight, especially when the child is old enough to express a reasoned preference.
Final Ruling Favors Adoptive Parents
In the end, the High Court granted custody to the adoptive parents. The judge concluded that the child’s long-term emotional security, familiar environment, and personal choice were the strongest factors. The ruling underscored that a nurturing environment must prevail over biological ties when the two conflict.
