Child Custody Cases in Pakistan
Child Custody Case in Pakistan
Due to some socio-economic factors, the ratio of divorce has significantly increased in the past few years. With the increase in divorce and khula, the ultimate party that suffers is the child. The emotional trauma a child has to go through during the whole process is comprehendible. The fight for a child’s custody can be ugly and emotionally painful for those involved in it.
What is a child custody case?
Child custody refers to who is most illegible to have physical custody of a minor when they are young. When a couple ends their marriage through divorce, or are deceased, the question about the child’s welfare and upbringing arise. For this purpose, either of the parents or relatives (in case both parents are deceased) open a child/minor custody case. Through this case, the court decides upon the future events of the child’s life, upbringing, and welfare.
When is a child custody case opened?
Parents of a child can file a custody case soon after the divorce. The custody cases are sensitive because a child requires the love of both parties i.e., mother and father. It is the child’s fundamental right to grow up in a happy and healthy environment with both his parents. Due to unfortunate circumstances, the court chooses the best party that can be responsible for a child’s upbringing in the most favorable way.
Guardian and wards act 1980
In Pakistan, the law concerning the regulations of child custody and guardianship is known as the Guardian and Wards Act, 1890. The act has four chapters, and its utmost concern apart from granting minor’s custody is the welfare of the child. The court can grant minors custody to either of the parents or, in some cases (deceased parents/remarried parents), to other relatives of grandparents. This law is the only mode for attaining minor’s custody.
Duration of a Child Custody Lawsuit
The protocol set by high courts in wrapping up a custody case is six months. But unfortunately, it is not followed.
On average, a child custody lawsuit can last for 3 to 5 years. During this time, the court cans elect either of the parents to have a child’s temporary custody. In most cases, the grandparents are the ones who take care of the child during this time.
Because five years is a long time, it is seen that either of the parents enter the marriage contract and withdraw the case by themselves. In some cases, the child grows attached to the custodial parent or grandparents, and the lack of attachment from the other parent makes the decision.
Visitation schedule
When the custody of a minor is given to one parent, the other is given a court visitation schedule. This schedule mentions the time duration and terms upon which the parent can visit the child. If a parent is not satisfied with the visitation schedule provided by the court, they can challenge the visitation schedule.
Right of Hizanat
Under the Law of Pakistan, the custody of a minor is given to the mother. This law works under certain conditions.
Please note that is a case of absence of both parents, the right of custody of the child is given to grandparents.
Factors affecting courts decisions
While deciding for a child’s custody, the court keeps the following factors in mind during the case proceedings.
Factors that disqualify parents for custody grant
When a mother is a custodial parent, there are certain conditions under which her child custody grant or Hizanat can be compromised. These conditions are:
The primary focus of court in such cases is the welfare of the minor in terms of education, health, well-being, and upbringing. Therefore, if the court sees any of the parent unfit, the child’s custody can be transferred to the non-custodial parent.
Joint custody
In joint custody, both parents share the responsibility of the child equally. This concept proves to be beneficial for the child as it forbids him from getting alienated from the parent and relatives from the other side. Through this custody, the child can live with both parents’ turn by turn and gets the maximum attention necessary for his healthy mental any physical upbringing.
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