One of the major disputes during child custody in Pakistan is visitation rights. Traditionally, after a divorce or khula the relationships between husband and wife become worst. 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 to grant the right to visit and maintain equilibrium between father and mother. Custody and visitation rights issues are an important aspect of family law.

Frequently Asked Questions

What is the 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 these issues may become practical. Right of child custody turns into in very serious issue. To settle the issue, Guardian court gets involved. Neither of the parents want to leave their child due to love and affection. If parents are unable to reach an agreement, a court must decide their custody issues. At that point, attorneys are needed to litigate the issue.

Parenting plans may have to be modified as time passes in order to accommodate the custody & visitation rights of the children. Our team of attorneys will help you for parenting plan that will best suit you and your children’s needs. The plan describes the amount of time each child spends with each parent.

What is Child custody/Guardianship & Right to Visit in Pakistan?

The Law considers a child as a minor, who is mentally and physically weak to safeguard his/her interests, with 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.

The love of parents 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 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 belongs to the mother in Pakistan. 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.

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 of a child. 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.

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 few cases of child custody where custody of minor is shifted from one parent to the other.

There are two basic aspects relating to the Child custody in Pakistan. Firstly, permanent child custody. Secondly, temporary child custody in Pakistan.

What is Permanent Child Custody in Pakistan?

In this type of child custody, the minor lives permanently with the one. The father or mother or with any other maternal or parental relative. This kind of child custody is given by the court, after the hearing the case, and with the evidence of the witness court allows the permanent child custody.

What is Temporary or interim Child Custody in Pakistan?

The temporary custody of minor is called interim custody, which is given by the court to any spouse either father or mother, till the decision of the permanent custody case under the Guardian & Ward Act 1890. Generally this kind of custody is given to the mother as she has right for Hizanat under Islamic law. However, father can also apply for this custody on some grounds. Like the absence of the mother. Suckling child custody must go to mother.

What is visitation/Meeting of Child Custody in Pakistan?

It is a very rare phenomena regarding child custody cases 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 to any one. 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. On Eid days or in vacations, the guardian court can grant the meeting with the minor for more than one day.

What is 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.

What is Physical Child Custody in Pakistan?

Physical custody refers to how much time you spend with your children. It is often difficult for parents to come up with their own agreement regarding custody and visitation rights. If parents must move out of the area for a job, the logistics of parenting become much more difficult and parents may not be able to reach a custody agreement.

What are effects, 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.

What is 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. 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 Hon’ble High Court. The court will recover the minor and handover to the party who has legal rights for custody.

What is the age limit of child in Right of Hizanat in Pakistan?

As per law, the mother to retain the custody of the male child till age of seven, this right is called as right of hizanat. But at the age of seven years, mother’s right over the son ends but it is not an absolute right, it is made in the interest of the child. If the child is female then to the age of puberty as prescribed in the Guardian & Wards Act 1890, but this rule is not absolute. 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, maintenance of the minor, character of the mother or father, wish of the minors are major concerns. However, an important point is that irrespective of the customs or personal laws, any parent who wants custody of a child but cannot reach a settlement, has to seek custody from the Guardian Court.

The custody of minor female child is explained below. The right of hizanat in Pakistan comes under Muslim Laws. Most importantly, the conduct of the mother has great importance. If that is found objectionable, she may not be given custody rights.

Father has the right of custody after the mother Hizanat term ends.  After the age of Hizanat, father has to file custody petition in the guardian court. Finally, there is no law of automatic transfer of child custody in Pakistan.

In case of the absence of  parents, the grandparents are offered the custody of the child.

Some parents choose joint custody option. Therefore, children divide their time between both parents, the parents share the right to make decisions on behalf of children. However, if parents are unable to agree on child custody, then the court will make the decision.

The mother can be de facto guardian of the person and property. Alienation of immovable property of minors is possible only by the persons, entitled to be appointed as legal guardians of property.

The custodial parent earns the legal right to make decisions. Which includes the child’s lifestyle, welfare, and education.

The parents should accept that the needs of a child come prior, therefore do not make a stand on their own wish. Mostly, parents do not want the other parent to take custody. Emotions can be 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. 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.

With more than two decades of experience, GLC’s family law practice is one of the most reliable and highly regarded in the country. Our team of family lawyers have handled all facets of matters ranging from divorce, maintenance, guardianship to domestic violence, cruelty etc. We understand that clients often require localized legal advice, providing complete support through our national and international network.

GLC assists efficiently in drafting and filing of a Guardianship/Custody petition before the family court of competent jurisdiction. After gaining the requisite information as to the facts about the case a petition is drafted and the same is filed. Thereafter the matter is adjudicated as per the procedure and the arguments are concluded.

Feel free to reach out to Global Law Company for further assistance or to schedule a consultation.