Child custody in Pakistan / Guardianship & Right to Visit.
The Law considers a child as a minor. Who is mentally and physically weak to safeguard his interests, in regard to their person and property. Therefore, the guardian courts takes responsibility to protect the rights of children. Child custody in Pakistan refers to the parents right, to raise and care for, covers the responsibility to take decisions regarding the child. The main responsibility of parent is to take all decisions. Which includes the child’s basic needs of health, education, religious upbringing and welfare.
Primary consideration is the welfare of child.
The love parents have for their children, cannot be measured. It is like no other relationship. Therefore, father or mother of the child or children, can not live without them. They try to get child custody or guardianship certificate of child or children at any cost. In case of custody of a child or guardianship, primary consideration is protecting the child’s interests.
Mother of the minor is considered as a God cradle on earth. Therefore, in most of the case she is awarded to continue the child custody of minors. Especially, where minors are suckling babies. As a result, custody of minor child in Pakistan belongs to the mother. Whereas in some cases custody of minor child is awarded to father. Besides, the guardianship of property and marriage belong to the father but it is not in every case. In Pakistan, there are cases where the guardian court awarded guardianship to the mother.
A parent having custody of child can continue. Unless, there is immediacy of threat to the interest and welfare of child in continuing the custody. There are a few cases of child custody in Pakistan, where custody of minor is shifted from one parent to the other.
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Going through Guardianship or child custody.
If you are going through a child custody, guardianship or guardianship certificate dispute in Pakistan. You should be aware of the basic aspects of Child custody laws in Pakistan. You must have an understanding of how the process works.
What is Guardianship in Pakistan.
Guardianship in Pakistan means the guardian of a child. A guardian is 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. He is the one who takes care of the person’s minor or his property, or both. Therefore, within the Act, guardianship is considered to include the concept of custody as well.
Dispute on rights to visit minor during child custody in Pakistan.
The dispute of child custody or guardianship in Pakistan, start on non legal marriage separation of husband and wife. But after divorce or khula all of theses issues may become practical. Right of child custody turns into in very serious issue. To settle the issue, the child custody laws of Pakistan and the Guardian court gets involved. Neither of the parents want to leave his child due to love and affection.
One of the major dispute during child custody in Pakistan is visitation of rights. Traditionally, after a divorce or khula husband and wife become worst enemies of each other. Either husband or wife, the custodian, does not allow the right to visit to the other. Right to visit the minor are only granted to the non custodial parent. Therefore, it is bounden duty of Guardian court of Pakistan to grant the right to visit and maintain equilibrium between father and mother.
Personality disorder of child.
Psychologically any disassociation or deprivation of fatherly or motherly love and affection may likely cause split personality disorder. Which is highly injurious to the future and upbringing. Most of the time, during the case of child custody, the guardian court may lay down a visit schedule. Therefore, a parent whose application of interim or permanent custody is dismissed. He is granted the right to visit, and meet his or her minor child once or twice a month, for one or two hours, within guardian court premises.
Types of Custody in Pakistan.
Always hire a qualified child custody Lawyer. Who is an expert family lawyer in Pakistan. Moreover, who is well aware of family and Guardian Laws. There are two basic aspects relating to the Child custody in Pakistan. Firstly, permanent child custody. Secondly, temporary child custody in Pakistan.
Permanent Child Custody in Pakistan.
In this type of child custody case, the minor lives permanently with the one. The father or mother or with any other maternal or parental relative. This kind of child custody in Pakistan is given by the family court. In concern to where the child is living. After the hearing, and with the evidence of the witness court allows the permanent child custody.
Hizanat in Pakistan (age of child).
As per law, the mother to retain the custody of the male child till age of seven. If the child is female then to age of puberty as prescribed in the Guardian & Wards Act 1890. But, this is not decided. As there are many other grounds, which are considered at the time of permanent custody. For example, the welfare of the minors, second marriage of the mother / father, death of the mother or father. Furthermore, 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 permanent custody case. Generally this kind of custody is given to the mother as she is right for Hizanat and under Islamic law. Mother has the right to get Hizanat. However, father can also apply for this custody on some grounds. Like the absence of the mother. Besides, suckling child custody must go to mother even though her character is doubtful.
Meeting Child Custody in Pakistan.
It is a very rare child custody case in Pakistan. The right of the parents to meet with the minor. Both father and mother apply for meeting with the child. If either one has no custody or guardian court is unable to handover the permanent custody. Moreover, if the case of permanent custody is pending in court. The guardian court can allow any of the parents to meet the child.
Meeting can take place, which the guardian court considers fit, considering both parties. Meeting can occur in the guardian court, at the house of the any party or in the office of a counsel. This meeting can be held after seven days, fifteen days or after one month, the way guardian court may find fit and proper. Besides, on Eid days or in vacations, the guardian court can grant the meeting with the minor for more than one day.
Legal Child Custody in Pakistan.
Legal child custody 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 goes under section 25 of the guardian and Ward Act 1890. As per guardian court decision both the spouse are bound to retain to decision. This legal custody can be given for specific period, like for the specific age of the ward.
If one parent has the child custody.
only one parent is 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 nature of case. For example, a parent may have legal custody but they may also have to consult the other parent or to inform prior to any decision being made.
However, it is quite common that one parent will have the decision making authority. In order to, avoid a situation where the parties will become deadlocked and can’t reach a decision.
Illegal Child Custody in Pakistan.
If a mother or father illegally takes the custody or snatches the custody of the minor without the will and wish of the other party or against the guardian court’s decision. This is called illegal custody. And the illegal child custody in Pakistan can be taken back by the guardian court by filing contempt of court or filing habeas corpus Petition, under section 491 in the session court or Honorable High Court. The court will recover the minor and handover to the party who has legal rights for custody.
Advice as Professional Family Lawyer in Lahore.
As a professional family lawyer, I advise that parents should accept, that the needs of a child come prior. Therefore do not make a stand on your wish. Mostly, parents do not want the other parent to take custody. In fact, they fail to look upon their own shortcomings. Emotions can run high in child custody dispute. But the actual decision of child custody case must be based on the facts. Parents should not compare custody cases of other’s that they deem similar.
If a divorce is inevitable.
If there is an inevitable divorce. It is important that parents work out a child custody arrangement first. They should set how the parties will approach child custody and visits. Although the guardian courts can order a custodial arrangement. An agreement reached directly by the parents, is a best chance to work out, rather than being forced by the court.