As per Lawkidunya, In Pakistan, child custody laws for fathers are influenced by Islamic law, which emphasizes the importance of protecting the child’s welfare and interests. Here are some key principles and provisions:
Islamic Law Principles
1. Best interests of the child: Islamic law prioritizes the child’s welfare and best interests in custody decisions.
2. Father’s responsibility: Fathers are considered responsible for providing financial support and care for their children.
3. Mother’s preferential right: Mothers have a preferential right to custody of young children, especially sons under 7 years old and daughters until puberty.
Pakistani Laws and Regulations
1. Guardians and Wards Act 1890: This Act governs child custody disputes in Pakistan and emphasizes the importance of protecting the child’s welfare.
2. Muslim Family Laws Ordinance 1961: This Ordinance provides guidelines for child custody and guardianship in Pakistan, emphasizing the importance of Islamic principles.
Custody and Guardianship
1. Custody: Refers to the day-to-day care of the child.
2. Guardianship: Refers to the management of the child’s property and legal affairs.
3. Joint custody: Courts may grant joint custody to both parents, allowing them to share decision-making responsibilities.
Factors Considered by Courts
1. Child’s age and needs: Courts consider the child’s age, sex, and needs when making custody decisions.
2. Parent-child relationship: The quality of the relationship between each parent and the child is considered.
3. Financial stability: The financial stability of each parent is considered, as well as their ability to provide for the child’s needs.
4. Character and conduct: The character and conduct of each parent are considered, including any history of violence, abuse, or neglect.
Recent Developments
1. Increased recognition of shared parenting: Pakistani courts are increasingly recognizing the importance of shared parenting and joint custody arrangements.
2. More emphasis on child welfare: Courts are prioritizing the welfare of the child, considering factors like emotional attachment, education, and financial stability when making custody decisions.