As per Lawkidunya, In Pakistan, the extension or modification of temporary child custody is governed by the Guardians and Wards Act 1890. The Act gives courts the discretion to make decisions based on the “welfare of the minor,” which is considered the paramount consideration.
To extend or modify temporary child custody, parties can file a petition with the court. The court will then consider various factors, including:
– Age and Sex of the Child: The court may consider the age and sex of the child in determining custody. For example, mothers are often preferred for custody of young children, while fathers may be preferred for older children.
– Welfare of the Child: The court’s primary consideration is the welfare of the child. This includes factors such as the child’s physical, emotional, and psychological well-being.
– Character and Capacity of the Guardian: The court may consider the character and capacity of the guardian, including their ability to provide a stable and loving environment for the child.
– Financial Stability: The court may also consider the financial stability of the parties, including their ability to provide for the child’s needs.
In making its decision, the court may also consider the opinions of the child, if they are old enough to express a preference.
It’s worth noting that Pakistani courts have the power to modify or extend temporary child custody orders based on changing circumstances. For example, if the custodial parent remarries or experiences a change in financial circumstances, the court may reconsider the custody arrangement.