As per Lawkidunya, Fathers in Pakistan face various legal challenges after divorce, particularly when it comes to child custody and visitation rights. Here are some common legal challenges:
Biased Laws
1. Islamic law influence: Pakistani laws are influenced by Islamic principles, which often favor mothers in child custody disputes.
2. Guardian and Wards Act 1890: This Act prioritizes the welfare of the child but can be interpreted in favor of mothers.
Limited Understanding of Father’s Rights
1. Lack of awareness: Fathers may not be aware of their rights or the legal process.
2. Complexity of laws: Pakistani laws can be complex, making it difficult for fathers to navigate the system.
Court Delays
1. Backlogged courts: Pakistani courts are often backlogged, leading to delays in resolving custody disputes.
2. Lengthy proceedings: Court proceedings can be lengthy, causing uncertainty and stress for fathers.
Child Custody and Visitation
1. Mother’s preference: Courts often prioritize the mother’s preferences regarding child custody and visitation.
2. Limited visitation rights: Fathers may face difficulties in obtaining regular visitation rights or custody of their children.
Financial Challenges
1. Child support: Fathers may be required to pay child support, which can be a significant financial burden.
2. Maintenance payments: Fathers may also be required to make maintenance payments to their former spouses.
Enforcement of Rights
1. Difficulty in enforcing rights: Fathers may face challenges in enforcing their rights, particularly if the mother is uncooperative.
2. Lack of effective remedies: Pakistani laws may not provide effective remedies for fathers to enforce their rights.
International Child Abduction
1. Risk of child abduction: Fathers may face the risk of child abduction, particularly if the mother is a foreign national.
2. Difficulty in recovering children: Fathers may face significant challenges in recovering their children if they are abducted.
To overcome these challenges, fathers in Pakistan can:
1. Seek professional advice: Consult with a qualified family law attorney.
2. Stay informed: Stay up-to-date with Pakistani laws and regulations.
3. Document everything: Keep a record of all interactions with the child and the mother.
4. Prioritize self-care: Seek support from family, friends, or counseling services.