As per Lawkidunya, In Pakistan, child custody laws for parents with mental health issues are governed by the Guardians and Wards Act 1890 and the Muslim Family Laws Ordinance 1961. While these laws do not explicitly address mental health issues, they provide guidance on custody matters.

General Principles:

1. Best interests of the child: The court’s primary consideration is the welfare and best interests of the child.
2. Parental capacity: The court assesses the parental capacity of both parents, including their mental ability to care for the child.

Mental Health Considerations:

1. Assessment of mental health: The court may order a medical assessment to determine the parent’s mental health and its impact on their ability to care for the child.
2. Treatment and support: The court may consider whether the parent is receiving treatment and support for their mental health issue.
3. Risk to the child: The court assesses whether the parent’s mental health issue poses a risk to the child’s physical, emotional, or psychological well-being.

Challenges for Parents with Mental Health Issues:

1. Stigma and bias: Parents with mental health issues may face stigma and bias in the court system, which can impact custody decisions.
2. Lack of mental health resources: Pakistan’s mental health resources are limited, making it difficult for parents to access treatment and support.
3. Insufficient court expertise: Courts may lack expertise in mental health issues, leading to inadequate assessments and decisions.

Recent Developments:

1. 2019 Supreme Court judgment: The Supreme Court of Pakistan ruled that a parent’s mental health issue does not automatically disqualify them from custody, but rather the court should assess their ability to care for the child.
2. Mental Health Ordinance 2019: Pakistan enacted the Mental Health Ordinance 2019, which aims to improve mental health services and reduce stigma.

Recommendations:

1. Mental health training for judges and court staff: Provide training on mental health issues and their impact on parenting.
2. Access to mental health resources: Ensure that parents have access to mental health treatment and support services.
3. Expert testimony: Allow expert testimony from mental health professionals to inform custody decisions.

In summary, Pakistani child custody laws consider the best interests of the child and the parental capacity of both parents, including their mental health. However, parents with mental health issues may face challenges and biases in the court system, and there is a need for greater awareness, resources, and expertise.

Welfare of Child as a Paramount Consideration

It is also clarified in 2022 YLR 2482 when it was that Under Section 25, the paramount consideration in granting custody of a minor is the child’s welfare and well-being, which includes their health, education, and physical, mental, and psychological development.