As per Lawkidunya, Here is a step-by-step guide to the Pakistan child custody arbitration process for fathers:
Step 1: Agreement to Arbitrate
1. Both parties (father and mother) agree to arbitration to resolve the child custody dispute.
2. The agreement to arbitrate can be included in a pre-existing agreement, such as a divorce decree or a separation agreement.
Step 2: Selection of Arbitrator
1. The parties choose an impartial arbitrator with expertise in family law and child custody disputes.
2. The arbitrator can be a lawyer, a judge, or a professional mediator.
Step 3: Arbitration Proceedings
1. The arbitrator conducts a hearing, during which both parties present their cases.
2. Each party can present evidence, witnesses, and arguments to support their position.
3. The arbitrator may also ask questions and seek additional information.
Step 4: Arbitral Award
1. After considering the evidence and arguments presented, the arbitrator issues a binding decision, known as an arbitral award.
2. The arbitral award determines the child custody arrangement, including visitation rights and decision-making authority.
Step 5: Implementation of Arbitral Award
1. The parties must comply with the terms of the arbitral award.
2. The arbitrator may also provide guidance on implementing the award.
Step 6: Review and Appeal
1. The parties can review and appeal the arbitral award in certain circumstances, such as if the award was made in error or if new evidence has come to light.
Tips for Fathers
1. Choose the right arbitrator: Select an arbitrator with expertise in family law and child custody disputes.
2. Prepare thoroughly: Gather relevant documents, evidence, and witnesses to support your case.
3. Be respectful and composed: Maintain a respectful demeanor during the arbitration proceedings.
4. Focus on the child’s best interests: Prioritize the child’s welfare and best interests when presenting your case.
Pakistan Child Custody Laws
1. Guardians and Wards Act 1890: Governs child custody disputes in Pakistan.
2. Muslim Family Laws Ordinance 1961: Provides guidelines for child custody and guardianship in Pakistan.
Rights of Fathers
1. Right to custody: Fathers have the right to seek custody of their children.
2. Right to visitation: Fathers have the right to regular visitation with their children.
3. Right to decision-making: Fathers have the right to participate in decision-making about their child’s education, healthcare, and welfare.