Role of Judicial System of Pakistan in Social Maladjustment among the Children under Child Custody Litigation

By Javed, Kaleem; Javaid, Umbreen | South Asian Studies, December 2019 | Go to article overview

Role of Judicial System of Pakistan in Social Maladjustment among the Children under Child Custody Litigation


Javed, Kaleem, Javaid, Umbreen, South Asian Studies


Keywords:

Introduction

Child custody litigation is consequently rising in Pakistani society following a rapid increase of divorce cases (Kalanuri, 2015). The innocent children are being used as tool in this litigation and are being abused emotionally and psychologically, which is seriously causing their maladjustment in the society thereby affecting the child in his/her development in the later part of life. It is a common practice among couples to use kids as pawns in this game of emotional chess and it amounts to absolutely irresponsible parenting to scar children emotionally post separation. In due course the parents move on with their lives and onto other partners but the children carry the trauma of being manipulated and torn apart emotionally, throughout their lives. Resultantly, a large number of these kids suffering from personality disorders, substance abuse, criminal conduct and anti-social traits etc.

A parent may, leave or retain the child from the other parent, seeking to gain an advantage in the expected or pending child custody proceedings, or because that parent fears losing the child in the lengthy pending child custody proceedings. A parent may refuse to return a child at the end of an access visit or may even flee with the child to prevent an access visit. This very retention of the parent itself creates tangible effects on a child psychology which is often unaddressed (Kalanuri, 2015).

The worst possible thing that can happen in a child's life, apart from losing a parent, is to become a rolling ball in a parents' divorce and ensuing custody battles. Whilst the spouses and their families hurl accusations and try to get the better of each other, the trauma being suffered by the child may sometimes be overshadowed by the volley of hurt and anger of the parties. Cases pertaining to custody/visitation issues of the minors are not ordinary cases like the breach and enforcement of other civil rights/obligations, such as the property disputes etc. these cases have their own dimensions, repercussions and consequences, founded upon the human emotions and the sentiments.

The resolution and adjudication of this special kind of matters, therefore should be conceived, considered and settled in a different perspective and context, which obviously revolves around the welfare of the minor, but at the same time the natural feelings of the parents cannot be overlooked and ignored. If the parent means something great for a child, the child may also mean the whole world for the parents.

Keeping in mind the above discussion, the present study is aims;

1. To identify the role of judicial system of Pakistan in social maladjustment of children under child custody litigation.

2. To address the problems in procedure of child custody litigation.

3. To highlight the gaps in child custody litigation procedures.

Literature Review

A study "Relations between post-divorce custody arrangements, family contexts, and children's adjustment" was conducted. The goal of this study was to shed light on the relation between post-separation custody arrangements and family contexts in which school-age children (8-12 years old) live so as to better understand the processes underlying their adjustment. The sample was composed of 112 dyads (parents and children) from families in joint custody or maternal custody (Okpaku, 1975).

The dyads were met with twice at a 1-year interval. Compared with those in joint custody, the respondents with sole custody had a negative opinion of the transitions between homes and had the impression that the children were more involved in inter-parental conflicts (Bruch, 2001). This analysis showed that the difficult nature of transitions between homes was a crucial mediating variable in the relation between conflicts and the children's adjustment, but that other variables, such as the relational problems with the mother, played a role, particularly in joint custody situations (Drapeau et al. …

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