Married women in Pakistan more often than not have to deal with the Damoclean sword of divorce hanging over their heads. The utterance of three talaaqs, considered a ‘stigma’, is, hence, assigned power to unleash a myriad of problems and prejudices on the recently divorced. What further exacerbates their plight is the shambolic state of family laws regarding child custody in Pakistan. The highly-disputed Guardians and Ward Act 1890, which continues to govern child custody in Pakistan, was once again brought to light by the Lahore High Court (LHC). The ruling noted that “although a mother loses her preferential right in case she marries a person not related to the child within prohibited degree, this is not an absolute rule.” This is a highly commendable endeavour initiated by the LHC and, if implemented, will substantially alleviate at least some of the predicaments that divorced women brave through. Furthermore, the ruling has also finally addressed the long-overlooked issue of the welfare of minors in the aftermath of divorce. The torment of a child caught in the middle of a battle between his estranged parents is tremendous, and has long-lasting effects. This emotional turmoil he is subjected to further heightens if forced to leave the “care, love and affection of a real mother of which there is no substitute.” In a recent survey by Gallup Pakistan, 48 percent of the respondents noted an increase in the ratio of divorces in the recent years. No matter what may contribute towards marital separation, the suffering of children trapped in legal battlegrounds should be addressed on an immediate basis. Even though the Guardian Act was passed with an objective to “safeguard the interest and welfare of the minors,” it is high time that the legislation was updated to cater to the growing needs of a diverse population. Like many countries in the world, the Pakistan family courts could also encourage divorced parents to resolve child custody conflicts through mutual agreements. This approach can help ensure that the rights of a child are also considered alongside those of his parents. Furthermore, the decision of a divorced woman to move on with her life should not be the sole reason behind prohibiting her from the custody of her own child. The misogynist ideals that continue to reign over legislation in Pakistan make the case for exerting control over a woman’s life even after the dissolution of a marriage. Until and unless such patriarchal clauses are eliminated from the country’s legal framework, the much-touted development of Pakistani women holds no grounds. In order to come up with an arrangement that is acceptable to all elements of society, the Council of Islamic Ideology should collaborate with the legal bodies to outline a modernised legislation. The previous amendment to the Family Courts Act, 1964 in order to include visitation rights in 2002 is a clear embodiment of “change when needed.” Pakistani lawmakers today should also follow suit by drafting the much-needed modifications to ensure that the welfare of a minor is prioritised in lieu of upholding socio-religious standards. A divorce between two unsatisfied parties is not an exclusive phenomenon and should not be treated as such. It is hoped that the family courts in Pakistan start considering this in addition to the importance of a mother in good parenting while deciding on custody cases. *