As per Lawkidunya, In Pakistan, child visitation rights are determined by the courts, which prioritize the welfare and best interests of the child. The Guardians and Wards Act 1890 is the primary legislation governing child custody and visitation rights.

Key Considerations

– Welfare of the Child: The court’s primary concern is the child’s physical, emotional, and psychological well-being.
– Age and Sex: The child’s age and sex are considered, with mothers typically granted custody of younger children.
– Parental Character and Capacity: The court evaluates the parents’ character, financial stability, and ability to provide a suitable environment.
– Religion: The court may consider the parents’ religion and its potential impact on the child’s upbringing.

Visitation Rights

While there isn’t specific legislation outlining visitation rights, the courts generally grant visitation rights to the non-custodial parent, ensuring the child maintains a relationship with both parents. The frequency and duration of visits are determined on a case-by-case basis.

Challenges and Controversies

Pakistan’s child custody laws have been criticized for being inadequate and inconsistent. The lack of clear guidelines and reliance on judicial discretion can lead to varying interpretations and outcomes. Additionally, societal pressures and cultural norms can influence court decisions, potentially compromising the child’s best interests.

In summary, child visitation rights in Pakistan are determined by the courts, prioritizing the child’s welfare and best interests. While there are challenges and controversies surrounding child custody laws, the courts strive to ensure that children maintain relationships with both parents.