Child Custody

Child Custody in Pakistan

Legal Query: Mr. Karamat Ali serving in U.A.E, married with Asifa according to Muslim Rights and Sunah and out of this wedlock a child Mohammad Nouman Karamat born who is 5 years old now and presently in the custody of the Mother.The wife dissolved her marriage against the petitioner on the basis of Khula and subsequently entered into second marriage. The father filed a petition under section 25 of the Guardian and Wards Act for the permanent custody of his minor son. He pleaded that he is entitled to the permanent custody of his minor  on the following grounds:

That after taking the custody of the minor son the mother entered into a second marriage and cohabiting with her second husband.

The minor being real son belongs to the sect of his father, but the step father belongs to other sect which fact may cause serious impact on the social teachings of the minor.

That the mother and the step father both are working professionals and don’t have much time for taking the care of the minor.

That after the divorce mother intentionally not allowing the minor to talk with his father through phone or Skype which stifled the father’s rights to supervise the custody of his son.

That the step father has already another wife and children and such family environment is not beneficial for social well being of the minor.

On the other hand the father is working abroad and financially sound person who can provide high quality of life and environment to his minor son.

That the minor is very attached to his father and father financially supporting  to the minor by sending money every month and visited his son frequently to Pakistan.

That the minor is very much familiar and attached with the extended family of his father in UAE and joining of minor with them will cause very good impact on his social brought up.

That the father has lot of financial resources to provide high quality education to his son in the best schools of foreign country.

The father prayed that by keeping in view the welfare of the minor the mother may be directed to produce the minor in court and the permanent custody of the minor may kindly be handed over to the father. The Guardian Court has issued the notice to wife for production of the minor in court.

legal Advice: According to me the father has very good case for taking the custody of the minor, he should continue to visit and maintain his minor son during the custody litigation.

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..::Child Custody in Pakistan…Mother’s Prefrences

..posted by Pakistani Law Firm…Get Free Legal Advice

Guardians and Wards Act 1890 — the major law governing child custody in Pakistan — is the best approach to familyconflict resolution. There is nothing wrong with its principle that the welfare of the child is paramount when deciding custody. Nor is there anything intrinsically wrong with its general rule, i.e. mothers be given preference in the custody of minor children whether male or female.

Separation and divorce represent the death of a marriage but for a child caught in the middle and too young to understand the significance of visitation rights it could mean the `death` of a parent. The tearful reaction of a six-year-old girl to the Supreme Court`s decision to hand her back to her Tajik-origin mother after the little girl was recovered from the estranged Pakistani husband highlights the emotional turmoil that a child is usually subjected to in legal custody battles. In a case last year, a nine-year-old boy reacted in similar fashion when a court decided to restore custody to his French-origin mother.

Such incidents have raised the question of whether traditional court litigation, as provided for under the Guardians and Wards Act 1890 — the major law governing child custody in Pakistan — is the best approach to family-conflict resolution. There is nothing wrong with its principle that the welfare of the child is paramount when deciding custody. Nor is there anything intrinsically wrong with its general rule, i.e. mothers be given preference in the custody of minor children whether male or female.

But quite often such litigation proves damaging for both the children and the parents. In considering the rights of mothers and balancing those of the father, what is due to the child, i.e. the right to go with the parent he or she prefers, is often overlooked. Elsewhere in the world, estranged parents are increasingly being encouraged to resolve child custody issues through mutual agreement. This is usually done through out-of-court (though with legal help) dispute-resolution processes like mediation and collaborative law. The latter is a relatively new legal approach to family-conflict resolution involving lawyers and family professionals, and is increasingly gaining acceptance in many countries. Encouraging such non-traditional processes would warrant a review of the 1890 act.