Adv Ch Shahid Bhalli

Child Custody Jurisdiction in Pakistan as Per Law

As per Lawkidunya, In Pakistan, child custody jurisdiction is governed by the Guardians and Wards Act 1890 and the Family Courts Act 1964. Here’s an overview of the jurisdictional framework:

Federal and Provincial Jurisdiction

1. Federal Jurisdiction: The Islamabad High Court has jurisdiction over child custody cases in the federal capital territory.
2. Provincial Jurisdiction: Each province (Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan) has its own jurisdiction over child custody cases within its territory.

Court Hierarchy

1. Family Courts: Family courts have jurisdiction over child custody cases at the district level.
2. District Courts: District courts have appellate jurisdiction over decisions made by family courts.
3. High Courts: High courts have jurisdiction over appeals from district courts and can also exercise original jurisdiction in certain cases.

Territorial Jurisdiction

1. Domicile: The court where the child is domiciled has jurisdiction over child custody cases.
2. Ordinary Residence: The court where the child ordinarily resides also has jurisdiction.

International Child Abduction

1. Hague Convention: Pakistan is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.
2. Local Laws: In cases of international child abduction, Pakistani courts apply local laws, including the Guardians and Wards Act 1890.

Key Considerations

1. Welfare of the Child: The court’s primary consideration is the welfare and best interests of the child.
2. Jurisdictional Conflicts: In cases where there are jurisdictional conflicts, the court may consider factors such as the child’s domicile, ordinary residence, and the location of the child’s parents.

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