By Advocate Dr. Bishnu Bashyal & Advocate Rojina Shrestha
Published by Forum for Women, Law and Development (FWLD) in support of UNICEF Nepal, 2023
Key Words: Child Custody, Parenting, Best Interest of the Child, Legal Provisions, Supreme Court of Nepal, FWLD, UNICEF Nepal
This study provides a comprehensive analysis of child custody practices and historical legal developments in Nepal. Examining seven cases decided by Patan High Court, Kathmandu District Court, Bhaktapur District Court, Baglung District Court, Morang District Court, and the Janakpur Appellate Court, the research evaluates custody decisions under writ petitions (habeas corpus) and divorce proceedings.
The study highlights the critical gap regarding the explicit legal recognition of the ‘best interest of the child’ principle in Nepalese statutory law. While courts frequently invoke this principle, the absence of standardized guidelines creates inconsistencies in judicial outcomes. The report offers concrete legal reform recommendations aimed at aligning practical realities with child rights standards.