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.