CHILD CUSTODY LAW IN PAKISTAN

Child custody related disputes are commonly seen to emerge between parents after separate or divorce as the case may be. Disputes pertaining to custody of minors are regulated under the Guardian and Ward Act, 1890. For the purpose to adjudicate upon the disputes pertaining to custody of minor, special courts are established to try matters related to minors. Our expert child custody lawyers have great deal of experience in handling child custody matters. Claim for Child Custody can be raised at any time and it is not necessary to make claim of child custody after divorce.

When Child Custody Claim Can Be Filed In Court?

Upon separation or divorce, if husband and wife cannot amicably settle as to who will retain the custody of minor, non-custodial parent can immediately file child custody claim in court.

Whether Mother Loses Custody Of Minor Child After Seeking Khula From Court?

Mother does not lose the right of custody of minor child for reasons that she has obtained Khula from her husband. Though it is normally believed to be true but it factually and legally a complete misunderstanding.

Whether Mother Upon Contracting Second Marriage Loses The Custody Of Minor Child?

No, it is incorrect that Mother loses the right of custody of minor after contracting Second marriage.

Who Can File Claim For Child Custody in Court?

In some case after separation or divorce, custody of minor is forcibly taken by husband whereas in other cases custody of minor child is taken my mother.  It is always the non-custodial parent who files a custody claim in the court of law against the custodial parent.

What Is The Procedure For Filing Child Custody Claim In Court?

Child custody claim is required to be filed in court by non-custodial parent. For the purpose of filing the Child Custody Claim, it is important to hire an expert child custody lawyer who after discussing the facts and circumstances, proceed to make a claim of custody in line with legal requirements. Once the case is filed court summon custodial parent to file written reply. After hearing both parties, court frame questions in interest of the minor and each party is required to produce best evidence in support of their claim. After weighing the evidence deposed by each party court determines as to whether custody of minor should remain with mother or custody of minor should be handed over to father.

What Are The Factors That Court Considers While Deciding The Custody Claims In Pakistan?

Paramount consideration for the court in deciding the custody of minor is the best welfare and interest of the minor alone. If the court deems that best welfare of the minor is in favor of mother court decide handing over of custody of her and vice versa. There is no hard and fast rule and it is most certainly the discretion of court to determine where best welfare of minor is to go with father or mother. Some of the factors which the court may consider to decide custody of minor child are as follow:

• Custodial parent has converted religion
• Minor is being deprived of education or other necessities
• Minor is living in joint family where, for example, brother of custodial parent is also living who is a hardened criminal and is convicted by some Court of law.
• Custodial parent hold bad reputation in society which is likely to affect the upbringing of minor child
• Any other case where welfare of minor is not being hampered
• Willfully avoiding the Decree of Court e.g Decree of conjugal rights directing wife to perform conjugal obligations towards husband

What Are the Factors That Court does not Consider While Deciding The Custody Claims In Pakistan?

There is a serious misconception in our society with regard to several factors which infact are not valued by the Court in deciding child custody matters but are still believed to have detrimental effect. Some of the factors include:

• After obtaining Khula by mother she loses custody of minor. Khula is a legal right given to wife under law as well as Shariat. It is absolutely incorrect that basis on taking khula from husband, courts deprives her from right of child custody.
• After attaining age of 7 years, son is handed over in custody of father. There is no law in Pakistan that bound court to hand over custody of minor son to father after son has attained 7 year of age or above. Court in each case has to see best welfare of the minor and accordingly if satisfied that best welfare of minor is with mother, court refused to allow the custody petition of father.
• As mother cannot financially maintain minor child therefore, custody of minor is handed over to father. Father under laws of Pakistan is mandatory required to support minor child regardless of whether minor child is in custody of mother. Therefore, it is not the factor that court considers while determining the welfare of child.
• Mother contracted second marriage. It is absolutely not the factor that court directly considers in determining the best welfare of the minor. However, court may take second marriage as a factor where husband is a harden criminal, a drug addict or holds bad reputation in society.

What Are Legal Rights Of Non-Custodial Parent In Addition Filing a Claim Of Child Custody In Pakistan?

Non-custodial parent has right to meet minor child. It has been observed by the Apex Court of Pakistan at several occasions that meeting with non-custodial parent is in best welfare of the minor. Therefore, non-custodial parent is legally entitled to meet the minor child and is offered visitation rights (HYPERLINK).

CHILD CUSTODY LAW IN LAHORE: 

Child Custody laws in Pakistan favor mother. However, in best welfare of the minor court can handover custody in favor of father if he establishes that he is best qualified to offer care to minor child. The only thing the court looks at in deciding child custody in Pakistan is the welfare of the minor. Parent that succeeds to establish best welfare is handed over custody of minor child.

Whether you want to contest custody claim filed by non-custodial parent or in best interest and welfare of minor you are willing to file claim of custody in the court, Our Expert Lawyers at Khadija Law Associates are the best child custody lawyers in Pakistan.  Contact us now to discuss the matter in detail.