Adv Ch Shahid Bhalli

Child-Related Factors For Temporary Child Custody in Pakistan

As per Lawkidunya, In Pakistan, child-related factors play a crucial role in determining temporary child custody. Here are some key child-related factors considered:

Physical and Emotional Needs

1. Age and developmental stage: The court considers the child’s age, developmental stage, and needs.
2. Health and medical needs: The court evaluates the child’s health and medical needs, including any disabilities or special requirements.
3. Emotional and psychological needs: The court considers the child’s emotional and psychological needs, including their attachment to each parent.

Education and Upbringing

1. Education and academic needs: The court evaluates the child’s educational needs, including their academic performance and potential.
2. Religious upbringing: The court considers the child’s religious upbringing and the parents’ ability to provide a suitable religious environment.
3. Cultural and social upbringing: The court evaluates the child’s cultural and social upbringing, including their exposure to their heritage and community.

Relationship with Each Parent

1. Attachment and bonding: The court considers the child’s attachment and bonding with each parent.
2. Parent-child relationship: The court evaluates the quality of the parent-child relationship, including the level of involvement and interaction.
3. Parental influence: The court considers the influence each parent has on the child’s life, including their values, beliefs, and behaviors.

Child’s Wishes and Views

1. Child’s wishes: The court considers the child’s wishes, if they are old enough to express a preference.
2. Child’s views: The court evaluates the child’s views on their living arrangements, including their preferences and concerns.

Other Child-Related Factors

1. Sibling relationships: The court considers the child’s relationships with their siblings, including their bond and attachment.
2. Extended family relationships: The court evaluates the child’s relationships with their extended family members, including grandparents and other relatives.
3. Community and social connections: The court considers the child’s connections to their community and social networks.

Islamic Principles

1. Best interests of the child: The court prioritizes the best interests and welfare of the child.
2. Parental responsibility: The court emphasizes the shared responsibility of parents in caring for their child.
3. Justice and fairness: The court ensures that decisions are made with justice and fairness.

Pakistani Laws

1. Guardians and Wards Act, 1890: This law governs guardianship and custody in Pakistan.
2. Family Courts Act, 1964: This law governs family disputes, including custody and guardianship.
3. Pakistan’s Constitution: The Constitution of Pakistan guarantees the protection of family and children’s rights.

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