Adv Ch Shahid Bhalli

Child Custody Court Procedure in Pakistan as Per Law

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

Filing a Petition

1. Initiation: A parent or guardian files a petition with the relevant court (Family Court or Guardian Court) for child custody.
2. Required Documents: The petitioner must submit required documents, including:
– Birth certificate of the child
– Identity documents of the parents/guardians
– Proof of residence
– Proof of income (if applicable)
3. Court Fee: The petitioner must pay a court fee, which varies depending on the court and the nature of the case.

Court Proceedings

1. Notice to Respondent: The respondent (other parent or guardian) is served with a notice to appear in court.
2. Hearing: The court hears arguments from both parties and considers evidence.
3. Witnesses: Both parties can present witnesses to support their claims.
4. Investigation: The court may order an investigation into the circumstances of the child and the parties involved.

Interim Orders

1. Temporary Custody: The court may grant temporary custody to one parent or guardian until the final decision is made.
2. Visitation Rights: The court may grant visitation rights to the non-custodial parent or guardian.

Final Decision

1. Welfare of the Child: The court’s primary consideration is the welfare and best interests of the child.
2. Custody Order: The court issues a custody order, which may include:
– Sole custody to one parent or guardian
– Joint custody to both parents or guardians
– Visitation rights to the non-custodial parent or guardian
3. Appeal: Either party can appeal the decision to a higher court.

Post-Decision Proceedings

1. Execution of Custody Order: The custody order is executed by the court, and the child is handed over to the custodial parent or guardian.
2. Compliance with Visitation Rights: The non-custodial parent or guardian must comply with the visitation rights granted by the court.
3. Modification of Custody Order: Either party can apply for modification of the custody order if there’s a change in circumstances.

Please note that the court procedure may vary depending on the specific circumstances of the case and the court’s discretion. It’s recommended to consult with a qualified lawyer for guidance on the specific procedure and requirements.

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