Family

Child custody disputes can be some of the most emotionally charged issues handled by family law courts. In Pakistan, these are primarily governed by the Guardians and Wards Act of 1890 and guided by principles of Islamic jurisprudence. The overarching consideration in all such cases is the ‘welfare of the minor.’

In Pakistan, the mother generally has the right to custody (Hizanat) of young children. For boys until the age of 7 and girls until puberty, courts lean towards awarding custody to the mother, unless there’s a compelling reason not to. After these ages, the children are usually given the option to choose which parent they want to live with.

However, custody decisions are never absolute. The court evaluates many factors, including parental conduct, financial capability, the child’s age and gender, the child’s preference, and the overall environment offered by each parent. The cardinal rule is that the child’s welfare supersedes all other considerations.

Parents not granted custody usually receive visitation rights. The frequency and duration of these visits are at the court’s discretion. In any case, the court aims to ensure that the child maintains a healthy relationship with both parents.

Remember, child custody laws are intricate and influenced by various factors, including religious, cultural, and societal considerations. Therefore, it’s vital to engage an experienced advocate who can navigate these complexities with empathy and skill.

Advocate Faisal Iqbal Awan, at MJF Law, is a seasoned lawyer with deep knowledge of family law and child custody issues in Pakistan. For further advice or representation in your custody case, you can contact Advocate Faisal Iqbal Awan at faisal@mjflaw.pk.