Children of the Courts

Dr. Salma Bashasha

In personal status courts, the voices of adults are often loud, while the quiet whispers of children go unheard.

Although divorce may sometimes be a necessary solution to an unstable relationship, it can unfortunately open the door to a new conflict. In many cases, the real victims are not the spouses themselves, but their children.

Once separation occurs, the word “custody” often becomes the centre of the dispute. What follows is frequently described as a custody battle, a difficult and emotionally charged conflict that can resemble a merciless war between parents.

While the law has established custody regulations to protect the rights and best interests of the child, these provisions are sometimes misused. Instead of serving the child, they may become bargaining tools or weapons used by one parent against the other in a conflict driven by anger or resentment.

In such situations, the child is left facing the concept of custody without the warmth of a loving embrace. They may be torn between two environments, not because of any wrongdoing on their part, but because adults have chosen to settle their differences at the child’s expense.

The Child: The Silent Victim

Amid accusations, legal disputes, and court hearings, the child’s sense of stability is often lost.

Within them arise conflicting emotions: confusion, longing, guilt, and a deep sense of not truly belonging anywhere. Although the law may regulate visitation schedules and meetings, these arrangements cannot replace the emotional security and warmth of the family environment that the child once knew.

The Law and the Best Interests of the Child

The law does not seek to exclude either parent. Instead, it focuses on what serves the best interests of the child, ensuring a safe and supportive environment and identifying the parent most capable of providing psychological and social stability.

However, it can be difficult for some to understand that custody is not a prize to be won, but a responsibility entrusted to a parent.

The child’s well-being should always be the compass guiding judicial decisions, rather than personal conflicts, pride, or a desire for revenge.

The Solution Begins with Awareness

What society needs is not only legal frameworks but also awareness and conscience.

Parents must recognise that divorce does not cancel their roles as father or mother. Raising a child in a balanced way does not necessarily require one home, but it does require two mature and responsible minds.

Only then can the law serve its true purpose, protecting the child rather than becoming a battleground for parents.

In the end, the law can provide protection, but awareness is what truly saves.

May the voice of the law always be justice, and the voice of the heart always be mercy, so that we do not raise a generation burdened by mistakes they did not make, forcing the next generation to pay the price and repeat the cycle.

And God is the source of help.