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.