As per Lawkidunya, In Pakistan, child custody disputes are governed by the Guardians and Wards Act 1890 and the Muslim Family Laws Ordinance 1961. Here’s an overview of the legal framework:

Guardians and Wards Act 1890

1. Definition of Guardian: A guardian is a person appointed by the court to care for a minor’s person or property.
2. Types of Guardians: The Act recognizes two types of guardians: natural guardians (parents) and testamentary guardians (appointed by a parent’s will).
3. Court’s Jurisdiction: The court has the power to appoint a guardian, remove a guardian, and make decisions regarding the minor’s welfare.

Muslim Family Laws Ordinance 1961

1. Custody of Minors: The Ordinance states that the mother is entitled to custody of her child until the age of 7, after which the father becomes the natural guardian.
2. Welfare of the Child: The court’s primary consideration is the welfare and best interests of the child.

Principles of Child Custody

1. Welfare of the Child: The court’s primary concern is the child’s physical, emotional, and psychological well-being.
2. Best Interests of the Child: The court makes decisions based on what is deemed best for the child.
3. Natural Guardian: The natural guardian (parent) has priority in custody disputes.
4. Testamentary Guardian: If a parent has appointed a testamentary guardian in their will, the court may consider their wishes.

Court Procedure

1. Filing a Petition: A parent or guardian files a petition with the relevant court (Family Court or Guardian Court).
2. Notice to Respondent: The respondent (other parent or guardian) is served with a notice to appear in court.
3. Hearing: The court hears arguments from both parties and considers evidence.
4. Decision: The court makes a decision based on the child’s welfare and best interests.

Challenges and Controversies

1. Patriarchal Society: Pakistan’s patriarchal society can influence court decisions, potentially favoring fathers over mothers.
2. Limited Women’s Rights: Women’s rights in Pakistan are limited, making it challenging for mothers to secure custody.
3. Lack of Clear Guidelines: The absence of clear guidelines and reliance on judicial discretion can lead to inconsistent decisions.

In conclusion, child custody disputes in Pakistan are governed by the Guardians and Wards Act 1890 and the Muslim Family Laws Ordinance 1961. While the courts prioritize the child’s welfare and best interests, challenges and controversies persist due to societal and cultural factors.