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Whenever there is a dispute between the husband and wife, it gives rise to cases of child custody in Pakistan. When the husband and the wife are unable to decide who keeps the children, then the courts in Pakistan resolve the dispute. The child custody law in Pakistan authorizes the guardian courts in Pakistan to decide these disputes. When one of the spouses gets the child custody, the court decides the visitation schedule for the other spouse in Pakistan. An order for the child custody from the court can be obtained till the age of 18 years for a male boy and till the marriage of the female girl. Advocate Nazia is the best family lawyer in Lahore, and if you need any assistance regarding child custody, you may contact her.
The following mentions how to get child custody in Pakistan. We will guide you step by step on how to get the custody.
The child custody law in Pakistan After Divorce for Overseas, which deals with the child custody issue, is the Guardian and Ward Act of 1890. The law provides all the details on how courts should decide child custody cases. The law is very clear that in order to decide these cases, the court will consider the welfare of the child. If the court thinks that the welfare of the child will be better in the mother’s hands, then the court will decide the case in favor of the wife; otherwise, the court will decide in favor of the father.
When a custody case comes before the court, the court decides the interim custody of the child, which means who will keep the child till the final decision of the case. When the court decides the interim custody in favor of one person and not the other, the court gives a visitation schedule for the child in Pakistan. This schedule is decided so that the other party may not cut off the minor. In this visitation schedule of a child in Pakistan, the court allows the mother or the father to meet the child twice a month, and during the summer vacation for one month, and on Eid, birthdays, etc.
Pakistan sets the age limit for child custody at eighteen years for the male child, and one can file the case for a female child until she gets married. If the male child is under 18 and the female child is not married, then the father or the mother may file the child custody case in Pakistan.
Section 7 deals with the appointment and declaration of a guardian.
Section 12 deals with interim and temporary custody of the child, along with protection orders.
Section 17 deals with matters to be considered by the court in deciding the case.
Section 25 deals with the permanent custody of a minor.
1998 SCMR 1593 — Nighat Firdous v. Khadim Hussain: In this case, it was decided by the Supreme Court that the father’s right to custody is not absolute and can be lost because of his conduct.
2000 SCMR 838 — Firdous Iqbal v. Shifaat Ali: In this case, it was decided by the Supreme Court that custody must be awarded in the welfare of the minor, not merely on the claimed right of either parent.
2004 SCMR 821 — Razia Bibi v. Riaz Ahmed: In this case, it was decided by the Supreme Court that poverty alone does not disentitle a mother from custody.
Interim child custody in Pakistan is the temporary custody of the child given by the Guardian Court to the applicant. The interim custody can be applied for by the applicant under Section 12 of the Guardians and Wards Act, 1890. When the case goes to the Guardian Court, it takes time for the court to decide to whom the permanent custody of the child should be given. Meanwhile, the court has to decide who will keep the custody of the child on a temporary basis, which is called interim child custody in Pakistan.
Any applicant, especially close relatives like the mother or the father, can apply for interim child custody in Pakistan.
WHEN DOES THE COURT DECIDE INTERIM CUSTODY?
The court decides the interim custody of the child during the pendency of the case.
Below are some of the pieces of evidence which can be submitted before the Guardian Court:
Oral evidence by witnesses.
Documentary evidence.
School certificates.
Proof of residence.
Evidence related to health.
The court, in deciding the child custody issue, considers the welfare of the child. Below are the factors that the court sees regarding the welfare of the child:
Age of the child.
Education of the child.
Health issues.
Financial circumstances.
Character of the parents.
Child’s emotions towards the parties.
Child’s emotions towards siblings.
Just like the mother, the father also has the right of child custody in Pakistan. Not only the mother of the child but also the father can seek child custody from the Guardian Court.
The mother of the child or children can claim child custody in Pakistan from the Guardian Court. The mother can also request permanent custody of the child along with interim child custody.
The Guardian Courts in Pakistan have the authority to deal with cases of guardianship and child custody. The address of the parties decides the territorial jurisdiction of the court.
If the child is overseas, it does not limit the right of an applicant to file the case of child custody. An overseas child is still a Pakistani unless the child leaves Pakistani nationality. The courts in Pakistan can also enforce their court decree on the overseas child. The Pakistani embassies and consulates can be involved to enforce the court orders.
Yes! An overseas Pakistani can file a child custody case in Pakistan. An overseas Pakistani can visit Pakistan to claim custody. If an overseas Pakistani is not able to come to Pakistan, he can also claim child custody through the grandparents of the child.
Foreign child custody in Pakistan is the subject matter of the country to which the child belongs. However, if the parents of the child, along with the child, are in Pakistan, then the courts get jurisdiction to try the suit for child custody in Pakistan.
The case of child custody and the remarriage of the mother and father are two different cases. The marriage of the father or the mother does not debar him or her from claiming child custody. The mother of child can cliam the child custidy even after khula in Pakistan.
It’s the court that decides who gets the child custody after a divorce in Pakistan. The divorce has nothing to do with this case. You can file this case before or even after the divorce. The court only sees the welfare of the child.
The court decides who gets child custody after the second marriage of the mother. The court sees the welfare of the child. The second marriage of the mother does not affect the child custody cases.
The court decides who gets custody of the child before the divorce. Divorce or not has nothing to do with the court. All the court will see is the welfare of the child
Both oral and documentary evidence are the best in the case of child custody. You can provide all the relevant evidence to the lawyer, and he will see what is best in your case. It is better to provide your lawyer with all the relevant documents required for child custody in Pakistan.
Yes! The father can get custody of young children in Pakistan. There is always a possibility, but the chances are less. The mother has the right of priority in case of the child’s tender age.
No! The mother does not lose custody if she remarries unless the court thinks that it hurts the welfare of the child.
If the mother wants to move abroad with the child from Pakistan she will require a court order with the permission to take the child abroad. Without these court orders she cannot travel abroad with the disputed child.
Nothing happens with the child custody if the father remarries. Remarriage is the right of everyone after a divorce. The court does not consider the second marriage as bad unless it hurts the welfare of the child.
Yes! In the absence of the real mother and father, the grandparents can seek child custody in Pakistan.
Yes! If the court thinks that the mother is unfit, then the father can get custody of the child, but this unfitness should not hurt the child’s welfare; otherwise, it will not be considered.
Yes! The custody can change after the initial orders of the court. At any stage of the case, if the court thinks that it should change the order, it will be subject to mentioning the reasons in writing.
The difference between the custody and the guardianship case in Pakistan is that you need custody of the child when you don’t have the child, whereas the guardianship case is filed when you have the custody but you need the legal authority over the child. You may require guardianship when you need a legal authority to make decisions for the child in terms of his property, education, etc.
If the parents illegally takes the child then it will have legal consequences. The law does not support any illegal activity.
Yes! If the child is above 7 years, then the court may seek the child’s preference, which the court considers.
Yes! You can get joint or shared custody of a child if both the mother and the father are ready for this. In case of dispute, the court will decide.
A child custody case is a sensitive case, and it takes time to decide a child custody case in Pakistan. Generally, it takes more than a year.
