As per Lawkidunya, Here is an overview of child custody laws and procedures in Pakistan:
Child Custody Laws in Pakistan
1. Guardians and Wards Act 1890: This law governs child custody matters in Pakistan.
2. Muslim Family Laws Ordinance 1961: This law applies to Muslim families and governs matters related to child custody.
3. Best interests of the child: The court’s primary consideration is the child’s best interests.
Types of Child Custody in Pakistan
1. Sole custody: One parent has exclusive custody of the child.
2. Joint custody: Both parents share custody and decision-making responsibilities.
3. Shared custody: Both parents share physical custody of the child.
Procedure for Child Custody in Pakistan
1. Filing a petition: A petition is filed in the Family Court or Guardian Court.
2. Court fees: The petitioner pays the required court fees.
3. Service of summons: The respondent is served with a summons to appear in court.
4. Court hearings: The court holds hearings to determine custody.
5. Evidence presentation: Parties present evidence and witnesses.
6. Court decision: The court makes a decision based on the child’s best interests.
Factors Considered in Child Custody Decisions
1. Child’s age and needs: The court considers the child’s age, needs, and well-being.
2. Parental capacity: The court assesses each parent’s ability to provide a stable and nurturing environment.
3. Parental cooperation: The court encourages parental cooperation and mutual respect.
4. Child’s wishes: The court may consider the child’s wishes, depending on their age and maturity.
Child Custody Disputes Resolution
1. Mediation: Parties may opt for mediation to resolve disputes amicably.
2. Counseling: Parties may undergo counseling to resolve disputes.
3. Arbitration: Parties may opt for arbitration to resolve disputes.
Enforcement of Child Custody Orders
1. Court enforcement: The court may enforce its orders through various means, including contempt proceedings.
2. Police enforcement: The police may assist in enforcing child custody orders.
International Child Custody Disputes
1. Hague Convention: Pakistan is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.
2. International cooperation: Pakistan cooperates with other countries in resolving international child custody disputes.