Adv Ch Shahid Bhalli

Child Custody Rules & General Principles in Pakistan

As per Lawkidunya, Here are the Pakistan child custody rules:

General Principles For Child Custody in Pakistan

1. Welfare of the Child: The welfare and well-being of the child are the primary considerations in custody decisions.
2. Best Interests of the Child: The court’s decision must be in the best interests of the child.

Custody Ages

1. Infancy (0-7 years): The mother has a preferential right to custody.
2. Childhood (7-12 years for boys, puberty for girls): The father’s right to custody becomes stronger, but the mother may still retain custody if it’s in the best interests of the child.
3. Adolescence (12+ years for boys, post-puberty for girls): The child’s own wishes and preferences may be taken into account in custody decisions.

Factors Influencing Custody Decisions

1. Emotional Attachment: The child’s emotional attachment to each parent.
2. Financial Stability: The financial stability of each parent.
3. Education and Upbringing: The education and upbringing of the child.
4. Character and Conduct: The character and conduct of each parent.

Rights of Parents

1. Mother’s Rights: The mother has a preferential right to custody of her child until the age of 7 for boys and puberty for girls.
2. Father’s Rights: The father has a right to custody of his child after the mother’s preferential period ends.

Court’s Discretion

1. Paramount Consideration: The welfare of the child is the paramount consideration in custody decisions.
2. Unique Circumstances: The court’s decision must take into account the unique circumstances of each case.

Islamic Principles

1. Shariah Compliance: Pakistani law is based on Islamic principles, and custody decisions must comply with Shariah.
2. Jurisdiction: Pakistani courts have jurisdiction over custody disputes involving Muslim children.

Please note that these rules are subject to interpretation and may vary depending on individual circumstances.

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