Child custody in Pakistan / Guardianship & Right of Visitation.
The Law consider child (minor) mentally and physically weak to safeguard his interests regarding their person and property and that is why guardian court having responsibilities to protect the rights of child (minor). Child custody in Pakistan refers the parents right to raise, care for, covers the responsibility and make decision regarding the child. The main responsibility of child parent to make all decision involving the child basic needs, health, education, religious upbringing and welfare.
In child custody welfare of child is primary consideration.
The depth of the love of parents for their children cannot be measured. It is like no other relationship. That is why father or mother of the child or children can not live without their child or children. So they try to get child custody or guardianship certificate of child or children at any cost. In case of custody of child and guardianship the best interests of the minor or minors are given primary consideration.
Mother of the minor is consider as a God cradle on earth that is why in most of the case she is awarded to continue the child custody of minors. Especially where minors are suckling babies. Mostly custody of minor child in Pakistan belongs to the mother whereas in some cases custody of minor child or childern awarded to father. Most of time the guardianship of property and marriage belong to the father but it is not in every case.
In Pakistan, there have been cases where the welfare of the child demanded the guardianship of marriage and property and guardian court awarded guardianship to the mother.
A parent having custody of minor is allowed to continue to retain child custody of minor in pakistan. Unless there is immediacy of threat to the interest and welfare of the minor child in continuous of such custody. There are negligible cases of child custody in pakistan in which custody of minor is shifted from one parent to the other.
What is difference between child custody in Pakistan and guardianship
In Pakistan child custody and guardianship can be distinguished easily as, a child custody is the bringing up, health care welfare, nursing or fostering of the child. And taking care of the child personal affairs on a day to day basis and taking care of emotions.
Whereas guardianship of the child mean the power to effect contracts with responsibility for the legal consequences and legal transactions and contracts on behalf of the child.
What is Guardianship in Pakistan.
Guardianship in Pakistan called guardian of child appointed by the guardian court of Pakistan. According to The Guardian and Wards Act, 1890 a guardian is defined in section 4 sub section 2 of the Act guardian. Means a person having the care of the person of a minor or his property, or of both his person. Therefore, even within the Act guardianship is considered to include the concept of custody as well.
Dispute on visitation rights of minor during child custody in pakistan.
The dispute of child custody or guardianship in Pakistan however even start on non legal marriage separation of husband and wife. But after divorce or khula all of theses issues may become contentious. And child custody would turn into in very serious issue. When a child custody or guardianship and upbringing are in dispute, the child custody laws of Pakistan and the Guardian court becomes involved. Non of parents want to leave his child due to love and affection.
One of the major dispute during child custody in pakistan of minor is visitation of right. Traditionally in our society after divorce or khula husband and wife become worst enemy of each other. And either husband or wife do not want to give visitation right to each other. Visitation rights of minor are only granted to the non custodial parent. Therefore it is bounden duty of Guardian court of Pakistan while granting visitation rights to maintain the equilibrium between father and mother.
Personality disorder of child.
Because psychologically any disassociation or deprivation of fatherly or motherly love and affection may likely cause them split personality disorder. Which is highly injurious to the future and upbringing and welfare. Most of time during the pendency of child custody the guardian court lay down a visitation schedule. By which a parent whose application of interim or permanent custody having been dismissed is granted visitation rights. To meet his or her minor child once or twice a month for one or two hours in guardian court premises.
If you are going through Guardianship or child custody.
If you are going through a custody custody in Pakistan or guardianship and guardianship certificate dispute in Pakistan. You should be familiar with the basic aspects of Child custody laws in Pakistan. You should have an understanding of how the process works.
Types of Custody in Pakistan.
Unless you are fully knowledgeable, always hire a qualified child custody Lawyer which is mostly family lawyer in Pakistan. And who is good in family laws and Guardian Laws. First, there are two basic aspects relating to the Child custody in Pakistan and guardianship. No.1 is Permanent child custody No.2 Temporary child custody in Pakistan and No.3 Meeting is child custody in Pakistan. No.4 legal custody of child in Pakistan. No.5 Illegal child custody in Pakistan.
Permanently Child Custody in Pakistan.
In this type of child custody the minor live permanently with the one spouse either with the father or mother or with any other maternal or paternal relatives. This kind of child custody in Pakistan is given the family court concern where the child is living. After the hearing and with the evidence of the witness court allow the permanently child custody to anyone.
Hizanat in Pakistan (age of child).
As per law till the age of 7 of male child custody rights of mother to retain the custody of the child and if the child is female then its age of puberty as prescribed in the Guardian & Wards Act 1890. But this is not final there are so many other grounds. Which are considered at the time of permanently custody. For example the welfare of the minors. Second Marriage of the mother / father, death of the mother or father. Maintenance of the minor, character of the mother or father, wish of the minors are major concerns.
Temporary Child Custody in Pakistan.
The temporary custody of minor is called interim custody. Which is given under section 12 of the Guardian & Ward Act 1890. By the court to any spouse either father or mother till the decision of the permanently custody case. Generally this kind of custody is given to the mother as she is right of hizanat and under Islamic law the mother has right to get this Hizanat. However father can also applied for this kind of custody and father can also be given on the grounds. In the absence of the mother. keep in mind suckling child custody must go to mother her character are doubtful.
3. Meeting Child Custody in Pakistan.
It is very rare child custody in pakistan the right of the parents to meet with the minor. Both father and mother applied for meeting with the child. If anyone have no custody and guardian court on the ground will unable to handover the permanently custody. Or during the pending the main permanently custody case. The guardian court can allow any of the parent to meet with the child.
Meeting can be held in any place which guardian court consider fit with the consultation of the both parties. Meeting can be held in the guardian court or at the house of the any party. Or in the office of any counsel and any other suitable place. This meeting can be held after seven days, fifteen days or after one month as the guardian court may think fit and proper. On the different occasion for example on the Eid days or in the vacations, the guardian court can grant the meeting with the minor for more than one day.
Legal Child Custody in Pakistan.
Legal child custody of a child means having the right and the obligation to make decisions about a child’s upbringing. A parent with legal custody can make decisions about schooling, and medical care, etc. This kind of custody is award by the guardian court after the proper hearing of the case. And generally it is got under section 25 of the guardian and Ward Act 1890. And per guardian court decision both the spouses are bound to retain as per guardian court decision. This legal custody can be given for specific period for example for the specific age of the ward
If one parent have the child custody.
only one parent has been given sole legal child custody. Then the parent can make all decisions relating to the child or children without consulting the other parent.There may be various degrees of custody depending on the individual case. For example, a parent may have legal custody but they may also have a duty of consultation with the other parent. To inform them prior to any decision being made.
However, it is quite common that one parent will have the decision making authority to avoid a situation where the parties will become deadlocked and can’t reach a decision.
5. Illegal Child Custody in Pakistan.
If mother or father forcibly and illegally get the custody or snatch the custody of the minor without the will and wish of the other party or against the guardian court decision. This is called illegal custody. And the illegal child custody in Pakistan can be given back by the guardian court by filing contempt of court, filing habeas corpus Petition under section 491 in the session court or Honorable High Court. And court will recover the minor and handover to the party who has legal right for the minor custody
Physical Custody is always open dispute in Pakistan.
Physical child custody is always open to disputes in parents, As each parent want to fight for their own right first and foremost. However, the law will need to look at the best interest of the child first. However, the best interest of the child may not be easily defined in real life and what seems best to one party may not appear so to be to another party.
The court will try to be fair to both parents but more often than not, equal time between parents is usually not possible or practical and one parent will have to make the sacrifice.
Advise of Professional Family Lawyer in Lahore.
As a professional family lawyer i advise that parents should also accept that the needs of the child come first and not to focus only on what they themselves want. Too often parents focus only on why the other parent should not have custody and they fail to see their own shortcomings.
Emotions can run high in child custody disputes but in the end. But the actual decision of child custody. In each case must be based only on the facts of that case itself. Parents should avoid comparing custody cases of other people that they deem similar.
when divorce is inevitable.
When there is an inevitable divorce. It is most important that parents work out a child custody arrangement first. they should setting out how the parties will approach child custody and visitation time with their children. Although the guardian courts can order a custodial arrangement, agreements reached directly between the parents. They will have the best chance of working out than those enforced by the court in the event of legal disputes.
Child custody lawyer in Lahore.
Child custody lawyer most commonly known as family lawyer in Lahore Pakistan can help in your child custody cases. Family lawyer in Lahore can help you to get the custody arrangement that is in the best interests of your minor child. However if you’re going through a divorce and you have child or children. And you and your spouse must work out a parenting plan that sets out custody and the frequency of visitation.
If you and your spouse cannot come to an agreement, then your child child custody lawyer, family lawyer in Pakistan. Can file child custody petition in the guardian court at your behalf for guardianship certificate. guardianship, permanent child custody, right of visitation, child support.
Maybe you need to hire good child custody lawyer in Lahore, family lawyer in Lahore you can contact us. Mobile: 03324722227 Email: [email protected] Address: Bajwa Law Chamber 2 Court Street 26 Lower Mall Lahore Pakistan 54000.