As per Lawkidunya, Joint child custody laws in Pakistan are governed by the Guardians and Wards Act 1890, which doesn’t explicitly address joint custody. However, courts have considered joint custody in certain cases, prioritizing the child’s welfare and best interests.

Key Considerations of Joint Child Custody

– Welfare of the Child: The primary consideration in joint custody cases is the child’s welfare, taking into account factors like age, sex, and physical and emotional needs.
– Parental Rights: Both parents have equal rights to custody, but the court may grant joint custody or sole custody to one parent based on the child’s best interests.
– Custody Types: Joint custody can be divided into two types: joint physical custody, where both parents share physical care of the child, and joint legal custody, where both parents share decision-making responsibilities.

Court Decisions

– Case Precedents: Pakistani courts have established precedents for joint custody, considering factors like the child’s emotional attachment to each parent and their ability to provide a stable environment.
– Flexibility: Courts have shown flexibility in joint custody cases, taking into account unique circumstances and the child’s specific needs.

Challenges and Reforms

– Legislative Gaps: The Guardians and Wards Act 1890 has been criticized for its lack of clarity on joint custody, leading to inconsistent court decisions.
– Proposed Reforms: There have been proposals to reform the Act, providing clearer guidelines on joint custody and prioritizing the child’s welfare.