Adv Ch Shahid Bhalli

Legal Challenges For Fathers in Pakistan After Divorce

As per Lawkidunya, Fathers in Pakistan face various legal challenges after divorce, particularly when it comes to child custody and visitation rights. Here are some common legal challenges:

Biased Laws

1. Islamic law influence: Pakistani laws are influenced by Islamic principles, which often favor mothers in child custody disputes.
2. Guardian and Wards Act 1890: This Act prioritizes the welfare of the child but can be interpreted in favor of mothers.

Limited Understanding of Father’s Rights

1. Lack of awareness: Fathers may not be aware of their rights or the legal process.
2. Complexity of laws: Pakistani laws can be complex, making it difficult for fathers to navigate the system.

Court Delays

1. Backlogged courts: Pakistani courts are often backlogged, leading to delays in resolving custody disputes.
2. Lengthy proceedings: Court proceedings can be lengthy, causing uncertainty and stress for fathers.

Child Custody and Visitation

1. Mother’s preference: Courts often prioritize the mother’s preferences regarding child custody and visitation.
2. Limited visitation rights: Fathers may face difficulties in obtaining regular visitation rights or custody of their children.

Financial Challenges

1. Child support: Fathers may be required to pay child support, which can be a significant financial burden.
2. Maintenance payments: Fathers may also be required to make maintenance payments to their former spouses.

Enforcement of Rights

1. Difficulty in enforcing rights: Fathers may face challenges in enforcing their rights, particularly if the mother is uncooperative.
2. Lack of effective remedies: Pakistani laws may not provide effective remedies for fathers to enforce their rights.

International Child Abduction

1. Risk of child abduction: Fathers may face the risk of child abduction, particularly if the mother is a foreign national.
2. Difficulty in recovering children: Fathers may face significant challenges in recovering their children if they are abducted.

To overcome these challenges, fathers in Pakistan can:
1. Seek professional advice: Consult with a qualified family law attorney.
2. Stay informed: Stay up-to-date with Pakistani laws and regulations.
3. Document everything: Keep a record of all interactions with the child and the mother.
4. Prioritize self-care: Seek support from family, friends, or counseling services.

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